With the deadline to file taxes only weeks away, many divorced men and women may find themselves in a tricky position when it comes time to file their returns. In the final divorce decree, the settlement outlines which parent can claim which child. Usually, if there are two children for example, each parent gets to claim one. But some divorce parents ignore this court order and file before their ex spouse and claim both children on their tax return.
This is a clear violation of the divorce decree but since divorce decrees are usually only binding on the parties that agree to it, the IRS does not have to honor your divorce order. Meaning your ex can get away with claiming your kids. If the child lived with you for more than half a year you can go ahead and claim the child anyway, but the IRS may challenge you and you will have to prove the child resided with you.
There is an IRS form that can solve this problem. The best way to protect your rights is to tell your divorce lawyer you want your soon to be ex to sign a IRS Form 8332, waiving the right to claim the child. One must be filled out for each child. You can then in return sign one for your ex waiving any rights to claim the child he has been assigned to claim.
It amazes me that most divorce lawyers do not tell their clients about this form. It will prevent aggravation and a possible trip back to family court to enforce a violation of the divorce order later on. If you are in the middle of a divorce right now make sure to inform your attorney you want this form included in your final divorce decree.
Find out how to protect yourself and your children during divorce...
rss feed ::
suggestions / issues
is for informational purposes only. It does not provide legal, financial or therapeutic
