My client claims that his legal separation agreement specifies that he can claim one of his children as a dependent and his spouse can claim the other child as a dependent. It is my understanding that even if the agreement specifies this as being the case, does one of the spouses still need to be designated as custodial parent and therefore Form 8332 needs to be filed with the 2011 return?
-
-
required
Yes, it is required to be signed if he did not have custody of the kid for more than 6 months of the tax year. Attach the signed 8332 to form 8453 and send to the IRS within 3 days of e-filing. Usually those agreements will say something like "Custodial parent will need to sign any applicable forms allowing noncustodial parent to claim child on tax return." That means.....the Form 8332. -
See The TaxBook pgs 3-14 and 3-15Comment
-
No one is "designated" as custodial parent. Or more precisely, any such designation in a divorce agreement isn't binding on the IRS interpretation. The custodial parent is almost always the one with whom the child lived the most; if absolutely equal (very rare), then it's the one with the higher AGI.Originally posted by patavid View Post
It's theoretically possible for one parent to be the custodial parent of one child, one to be the custodial parent of the other child, with each able to claim one child with no 8332 for either.Comment
-
Thanks for your time
Appreciate your helpComment
-
Custody and child issues
Have already had 2 hum dingers in the last 24 hours.
The first client brought his son in with him (not on 2010 or 2009 return) and stated that the son moved back with him June 15th. Hmmmm. I asked lots of questions and did not end up filing any return. (He also had "non-taxable" recycling income of 12K in addition to 18K Wages).
The 2nd client came in today and stated that her child lived with her for 180 days. Her math isn't very good, is it. LOL. Sent her packing too.
Oh well, it's all fun!Todd Fogelberg, EAComment
Comment