Non-custodial parent to claim child on tax return

[browneyez417]

Hello,

On my final divorce decree it states that my ex-husband can claim our daughter every even year on his tax return...even though she does not live with him for 6 months or more out of each year.

My question is, will he also get to claim the childcare tax credit?? It does not mention this in the decree...

The awful thing about this situation is that if does get to claim the childcare tax credit, and not me, then I will end up owing taxes, for the first time ever.

Any help is much appreciated!

Thank you

 

[irish223]

According to IRS publications, you claim your child as a 'qualifying child' for the child care tax credit even though your ex claims the dependent exemption.

http://www.irs.gov/app/scripts/retriever.jsp
http://www.irs.gov/formspubs/lists/0,,id=97817,00.html

 

[thomasv0]

IRS Form (#8332) you must file the relevant sections from your divorce agreement and the last page with his or signature. Also there S.S# in a cover letter might be helpful - Always mail it in with paper work - Keep your records safe and complete for (5)yrs - However many years the IRS can go back and audit?

Word of advise all it takes is for the other half to file on your year and " well you are still with it your rights" so they will have to return there refund sooner or later.

No I am not an accountant so you might want to seek advice but (#83332) is pretty straight forward.

Only the deduction on the 1040 or whatever they file - Has he ever taken your tax credit? - Most likely only the deduction.

 

[irish223]

IRS Form (#8332) you must file the relevant sections from your divorce agreement and the last page with his or signature. Also there S.S# in a cover letter might be helpful - Always mail it in with paper work - Keep your records safe and complete for (5)yrs - However many years the IRS can go back and audit?

Word of advise all it takes is for the other half to file on your year and " well you are still with it your rights" so they will have to return there refund sooner or later.

No I am not an accountant so you might want to seek advice but (#83332) is pretty straight forward.

Only the deduction on the 1040 or whatever they file - Has he ever taken your tax credit? - Most likely only the deduction.

This is incorrect. As the CP, she does not have to file the 8332-Release from Exemption form. Her ex has to file it. She doesn't have to provide any extra paperwork to claim her daughter as a qualifying child. If both parents claim the dependent exemption or the childcare tax credit, and her return is flagged, then she will need the supporting documentation.

 

[Jahnavi]

Tax refund advice

If you do decide to use a paid tax preparation service, you can keep your cost down by declining any refund-anticipation-loan (RAL) products. E-Filing and direct depositing your refund can reduce your waiting time and avoid these cost services. Refund-anticipation-loans have high fees, and not using a RAL can save you an additional $100. By waiting, you could use that extra money you did not spend on the RAL to contribute to savings or pay down debt.