IRS FORM 8832

[antonin]

Form 8832, "Release of claim to exemption  for child of divorced or separated parents," specifically uses the terms "Non custodial and Custodial Parent". There is a space for the CP to sign and realse the exemption to the NCP. I have true 50/50. Do I need this form?

[MSRP]

Hmmm... similar to what I am going through... In my state the deduction goes to who is named Custodial Parent.  If visitation is split down the middle, it goes to the parent who has the child more.  If you have visitation split 50/50, and have the child ONE day more than the mother, then you have the child MORE than half the year, and you get the deduction, because you have the child in your care MORE than half the year... as well as are eliglible for earned income credit, if you meet the criteria.  But if your ex meets the requirements to claim the child, they MUST sign the form to allow you to claim them, because if you both claim the child, the IRS will expect the parent who was not qualified to claim to pay back penalities.
There is a support test at the IRS website to help you figure out if you can claim the child.  It asks a series of simple questions and will let you know if you can or not.

[bigred4533]

when you say 50/50 I assume you mean joint custody.  Joint custody, at least in the state of michigan where I live does not necessarily entitle you to a tax deduction.  I depends on what your  judgement says as to who gets the exemption, either the custodial or non-custodial parent

[antonin]

There is no custodial parent: we have true joint physical custody.My daughter lives with me one week, the mother the next. Yes...my decree specifically states when and who gets the deduction...but I guess I will file the 8832 just to be safe.

[MixedBag]

There's a long thread there that discusses this quite specifically and with the latest and greatest information.

Not applicable to me so I didn't digest the heart of the information....

[antonin]

Got it. The upshot is: even if the provision for the deduction is in your decree, you still need the form. (from Soc)

[Imom]

I guess now I have a question, this was brought up a while back and I asked about the co thing....what if it states in the co who claims, I was told to ask the Irs from someone on here, this is the answer I got, since bm gets to claim ss in the odd years, and dad gets to claim in the even per court order they will honor it period, dad is the pirmary custodial parent and he does not need to fill out any forms for bm to claim her credit per court order gives her that right. NOW she can not claim the earned income credit that goes to the parnet that qulifies for the support test he have me the test, who supports the child more then 50%,etc. He told me that dad gets that credit because he supports ss more the nine months out of the year, and bm pays no support. This was during a conversation between a Irs and I. So is this what you guys are talking about here?

[antonin]

Ya better post this on SOC's board.