Tax Form 8332

[IceMountain]

My ex is dragging her feet on completing this form for me.  We had negotiations 1 1/2 weeks ago and I gave her the form in front of both of our lawyers, along with a child support printout.  (the printout doesn't show the total amount for the year, but showed consistent payments) Her lawyer advised her to contact CSRU asap to confirm I was current, and get the form back to me, which she is stalling on.

Does this form have the same rule as w-2's, where they have to be mailed by the 31st of this month?

[4honor]

W have found that If we file, and send an 8332 with the word REFUSED on the signature line and the appropriate pages from the decree the IRS ignores us. Since BM only refuses to make it hard for us to get our refund and to mess with us -- she doesn't usually file too -- that the IRS could care less. We have never gotten a signed 8332.

[IceMountain]

So, you are saying that all I need to do is send the form and write REFUSED, along with the pages from the decree and I'll be fine????  My tax appt. is tomorrow, so I was starting to panic.  Should I send a copy of the child support payment record showing my payments for the year?

Actually, we will be doing quick refund, so I won't send the papers in anyway, but I know my accountant will ask for the form.

Thanks for the reply!

[Ref]

All you need is the legal document stating that you have the right to claim the child it does not have to be that form.

This is the exact wording by the IRS

You will need:

"A decree of divorce or separate maintenance or written separation agreement that applies to 2005 provides that the noncustodial parent can claim the child as a dependent (and, in the case of a pre-1985 agreement, the noncustodial parent provides at least $600 for the support of the child during the year) or the custodial parent signs a written declaration that he or she will not claim the child as a dependent for the year. "

Good Luck

Ref

[IceMountain]

I just got back from my tax appt.  My accountant didn't even question it.  (Last year he said I needed the form for him to put it on)

[Sherry1]

is if she claims the kids.  If she doesn't claim them, then the need for the form or even your child custody agreement isn't necessary.

[Sunshine1]

Nope.  Don't need it.  In our case we filed with the kids and BM filed with them as well.  We TRIED to tell her she didn't get to claim them but she just didn't listen.

They gave us BOTH the deduction but then flagged us and we had to provide proof of which parent was to get the deduction.  We won of course and she had to pay back the money she received from the benefit.

[IceMountain]

Ex now claims she can't get the EIC and that I must have done something wrong on my return.  I claimed the exemption and the child tax credit.  I don't even qualify for EIC.  But, OF COURSE, it's my fault!  God forbid H&R entered a SS# wrong or something.  

Grrrrrrrrrrr

[Ref]

The limit to adjusted gross income that she has with out a child is $11,750 if she is filing as HOH or single. The limit if she has a child is $31,030 if she has 1 child and $35,263 if she has more.

She probably makes too much to get EIC on herself. Sucks to be her this tax season.

I am glad you posted that, my PBFH is going to be PISSED too! On the other hand, when isn't she?

Boy I love tax season,

Ref