Tax Exemption

[dad in az]

Hello Socrateaser!!!

I have a question, Court Order states "Petitioner may claim 2 children as the exemptions in even -numbered years and one child in odd-numbered years, provided he is current with child support by Dec 31.

1. Does Exwife have to fill out a form, write a letter or anything?

2. Do we just file the taxes and include a copy of the Court Order?


Thanks

[socrateaser]

>1. Does Exwife have to fill out a form, write a letter or
>anything?

Legally, no. Your order should be sufficient evidence. However, the IRS wants form 8332 (or is it 8223...whatever) filed.

>2. Do we just file the taxes and include a copy of the Court
>Order?

I would send a letter to mom, certifed mail, with a copy of the IRS form for her signature, and filled out with the correct information as per the court's order. Then request that she return the form signed in within 10 days, and that if she does not return the form within that time, that you will assume that she intends to violate the court order and that you will file for the exemption using a copy of the court order as substitute proof.

Then if she files for the exemption, too, then one of you will be denied by the IRS, and if that person is you, then you will have to file for a contempt order against the mother.

I wouldn't mention that in your letter, because that will cause her to tell you to screw off. The letter needs to be as nice and non threatening as possible.

[dad in az]

Thanks for your advice, Is there a standard non threatening way that i can sent this letter to exwife???

Thanks

[socrateaser]

you write the first draft, and then let me look at it.

[dad in az]

ok here it is:


Hope by the time you get this letter that all is well. As per the Court Order this year, i am entitled to claim xxxx  in my tax return. I spoke to the IRS and the Child Support Division; I was told you need to sign Form 8332 which is the "Release of Claim to Exemption". I am enclosing the form in this letter, please sign and return within 10 days, so i can get ready to file my taxes.  

[socrateaser]

.

[dad in az]

NM

[socrateaser]

you write the first draft, and then let me look at it.

[dad in az]

ok here it is:


Hope by the time you get this letter that all is well. As per the Court Order this year, i am entitled to claim xxxx  in my tax return. I spoke to the IRS and the Child Support Division; I was told you need to sign Form 8332 which is the "Release of Claim to Exemption". I am enclosing the form in this letter, please sign and return within 10 days, so i can get ready to file my taxes.  

[socrateaser]

.