The custodial parent has signed off (in 1997) on the IRS Form 8332 releasing the "claim to Exemption for Future Years" by stating "ALL FUTURE YEARS" in the space so designated on the form.
A stipulated court order was put into place at that time where the non-custodial parent was given the exemption every year (rather than every other). The order stated that the custodial parent needed to complete form 8332 but did not stipulate that she needed to fill it out for "all future years."
The custodial parent has now served the non-custodial parent with court papers for (amoung other things) return of the tax exemption to her.
This is a Wisconsin case.
1) Because the custodial parent has signed off on any future claims (with respect to the IRS), does a judge now have authority to "order" that the the exemption can revert back to the mother?
2) In this situation, is there any way that the non-custodial parent can "lose" the exemption --other than if he voluntarily gives it up?
Thank you for your help.
A stipulated court order was put into place at that time where the non-custodial parent was given the exemption every year (rather than every other). The order stated that the custodial parent needed to complete form 8332 but did not stipulate that she needed to fill it out for "all future years."
The custodial parent has now served the non-custodial parent with court papers for (amoung other things) return of the tax exemption to her.
This is a Wisconsin case.
1) Because the custodial parent has signed off on any future claims (with respect to the IRS), does a judge now have authority to "order" that the the exemption can revert back to the mother?
2) In this situation, is there any way that the non-custodial parent can "lose" the exemption --other than if he voluntarily gives it up?
Thank you for your help.