SPARC Forums

Does anyone know laws on what courts do about the NCP wanting to get to claim their child EOY on their taxes and if courts ever do that or do most just let the CP do it?  And if you know the answer can you give me any links to laws on that?

Thanks

I had a friend who was in this situation.  The divorce decree should state that the parents take turns claiming the child on their taxes (every other year).  If it was not stated on your divorce decree, then you can see if the CP will agree to let you claim the child on your taxes EOY.

Here's how it's done.

"The noncustodial parent may be treated as the parent who provided more than half of the child's support if the custodial parent releases the exemption by signing a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement."

Do you think that your ex would be willing to do this?

Actually, this question was for a friend and I'm not sure if his ex will be willing to do this.  If she isn't I am wondering what a judge would say if he took this issue into court.  He is the NCP, pays support, regular visitation, etc... and is an honest guy.  He would rather not take something like this into court, but I'm just curious what would happen if he did.

I know a few ex-couples who take turns claiming their children on their taxes, but all of those couples had this spelled out in their divorce decree.  

Why don't you go onto Dear Socrateaser's message board and ask him this question.  Make sure that you follows his rules when you post.

Good luck to your friend!