IRS Form

[reagantrooper]

Can someone tell me if there is a IRS form that the CP has to sign so the NCP can claim the child on thier tax return?
Thanks!!

[Kitty C.]

http://www.irs.gov/pub/irs-pdf/f8332.pdf

[reagantrooper]

Thanks Kitty!

This will be the first year that I have to deal with this issue because we have had split custody 1 child with me and one with her.

Our decree says that I get the deduction EOY and she gets it the other years. Do I still have to get her to sign this form even know I have the decree? I am almost sure she will not sign this form willingly. Whats to stop me from claiming my daughter in the absent of this signed form, provided I file before she does?

If she refuses to sign I will certainly lose $$$. Will this be somthing I could sue her over?

The Child that was with me is now an "adult" although he is still under my roof. But he is a HS grad and 19. Just because of this my CS got increased by %300. Nothing changed in my household my expences damn sure didnot go down.

[Kitty C.]

See if you can get her to sign it NOW.  If she refuses to, then you will need to file contempt on her.

But I will tell you what an IRS agent told me:  'He who files first, gets.'  DH's order states that EVERY year he is current, he gets to claim SS.  There's only one year that didn't happen.  But a few years ago, PBFH was sure he was behind, even tho she had the CS order transferred from the county to CSRU and they were staying on top of it.  Little did PBFH know, but there was a lag time between the time DH sent the check, CSRU received it, then deposited it, then cut a check to PBFH.....sometimes up to 2 weeks.  And she was going by her bank statements!

We filed almost immediately on line in Jan., but she came to us in Mar. saying that she was going to claim SS because DH wasn't current as of Dec. 31.  We tried proving to her over and over again, but she finally conceeded when DH got a signed, notarized letter from CSRU that said he was.  But by then it was AFTER 4/15........and she had already claimed and filed.

The next Christmas we got a form letter from the IRS, stating that one SSN had been used on two returns......SS's.  That if we had filed our return properly to disregard, but if we had made an error, to fill out the enclosed form and send it back.  So we did nothing.  But I was ocncerned as to what she'd do the next year, so I called the local IRS office and the lady I spoke with told me the above.

We have never used the IRS form at the link above, only a copy of the CO, and in 7+ years we've NEVER been questioned, only when she claimed SS also.  Don't know whatever happened to her because of that, but we also know that it hasn't happened since.  Plus, if something like that does happen, your returns are 'red-flagged' for a number of years...IOW, they look at them MUCH more closely!