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    #1

    Single with dependent?

    My client has the right to claim his daughter on his return.

    His daughter does not live with him.

    It is written in the divorce that he can forever claim the daughter on his return. He and his ex are not friendly, and I pray he doesn't need an 8332 each year to claim the daughter.

    Since he is not filing HOH, (daughter lives with mother over half the year) do I need to send in the divorce agreement every year?

    This is probably redundant, but it just seems to me that if he claims the daughter, AND the daughter is not on his ex's tax return anywhere, he shouldn't be required to file all the extra paperwork. But, that's just me.....
    "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey
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    #2
    Originally posted by Possi View Post
    My client has the right to claim his daughter on his return.

    His daughter does not live with him.

    It is written in the divorce that he can forever claim the daughter on his return. He and his ex are not friendly, and I pray he doesn't need an 8332 each year to claim the daughter.

    Since he is not filing HOH, (daughter lives with mother over half the year) do I need to send in the divorce agreement every year?

    This is probably redundant, but it just seems to me that if he claims the daughter, AND the daughter is not on his ex's tax return anywhere, he shouldn't be required to file all the extra paperwork. But, that's just me.....
    What if the ex files 'head of household' based on the daughter?

    Comment

      #3
      no way

      She married a wealthy man, and has another daughter with my client (her ex).

      The divorce papers read that he can claim one daughter full right. She will not be on the ex's return at all.
      "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

      Comment

        #4
        Originally posted by Possi View Post
        She married a wealthy man, and has another daughter with my client (her ex).

        The divorce papers read that he can claim one daughter full right. She will not be on the ex's return at all.
        I would save postage, but keep a copy of the paperwork in my file. It might not be Kosher but I have been there - done that.

        Comment

          #5
          that's what I thought

          I will do that. She didn't live with him for over 6 months, so no HOH, but she did live with him... They both stay there some of the time, and have their own rooms. It's not like they don't live with him at all, which is one of the times when the paper is required.

          If she lived with him, I don't really need the paperwork. I think I was coding it wrong, saying she didn't live with him. She really did, just not long enough for HOH. Although if I add the time spent with him to the child support, he very well might have paid over half the support.

          That is not my call, though. So, Single and one dependent. No papers required.

          Thanks for thinking with me....
          "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

          Comment

            #6
            Form 8332

            I always thought that Form 8332 was required to be signed by the custodial parent. When I got divorced many years ago, we put in all of the years at one time (ex. eligible to claim in 1993, 1995, 1997, 1999, etc.) so I didn't have to go back each year to get the form signed. The only time they will accept a divorce decree is if it is pre-1985 but they will accept a written agreement as long as it specifically covers the year in question.

            I had a client this year that needed Form 8332. I did notice that the custodial parent can rescind the years previously agreed to, however, it does not take place right away.

            Good luck!

            Mo

            Comment

              #7
              Originally posted by Mo Sheets View Post
              The only time they will accept a divorce decree is if it is pre-1985 but they will accept a written agreement as long as it specifically covers the year in question.
              Only if it contains all of the info on the official form.

              Comment

                #8
                From 8453 Instructions

                Originally posted by Davc View Post
                Only if it contains all of the info on the official form.
                Post-1984 decree or agreement. If the
                divorce decree or separation agreement
                went into effect after 1984, the
                noncustodial parent can attach certain
                pages from the decree or agreement
                instead of Form 8332.

                Comment

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