Reply to Claiming deductions for kids post-divorce

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]When was their divorce, and does she have the children more than half the year?

For an audit, she would be fine claiming all 3 - for her ex to claim them she would need to sign a form authorizing him to.  A divorce decree is no longer enough to show that he has the ability to claim the child, according to IRS rules. If he does his taxes and the child does not live with him more than 50% of the year, he is the one misrepresenting his situation to the IRS.

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Are you sure about this?  Can you please tell me how you know this?  I'm not the OP but this could be relevant to my situation, too.  Thanks![/quote]

The IRS has a great search function on their website - that's how I know! Anyway, I'm linking to the relevant PDF below (see pages 10-11).

Basically, the custodial parent is the one that is allowed to claim the child(ren) on their taxes (according to the IRS - I have no idea what happens if the non-custodial files a violation of the divorce decree). For the non-custodial parent to claim the child(ren) they have to meet a series of requirements (page 10 in the pdf linked below), including either (1) the custodial parent signs form 8332 that states that they will not claim the child(ren), or (2) the divorce decree is from post-1985 and pre-2009 and states that the non-custodial parent is allowed to claim the children in certain years and the non-custodial parent provides at least $600 in support to the custodial parent.

https://www.irs.gov/pub/irs-pdf/p504.pdf

If a non-custodial parent is claiming the child(ren) without getting the custodial parent to sign Form 8332, what they are doing is claiming that the child(ren) live with them for more than half the year - which is tax fraud - and the IRS can and will go after them if they get caught (ie, someone turns them in, or the same child is claimed twice and the IRS investigates).

Since I never married my ex, and he didn't ask the support judge to allow him to claim our child every other year, I have never signed this form. I claim my child every year - my ex pays a pittance in support and he gets a state tax deduction for paying support on time.[/quote]

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