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Level 3
March 29, 2021

Divorce judge rules one parent claims child but child lives with other parent, who claims child?

  • March 29, 2021
  • 5 replies
  • 10 views
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    5 replies

    IRonMaN
    Level 15
    March 29, 2021

    Check out form 8332.

    Slava Ukraini!
    qbteachmt
    Level 15
    March 29, 2021

    "Claims" and "lives with" don't really relate in the tax regulations. "Claims" for what?

    The various credits and dependency qualifications, having custody or not, having physical presence, etc, are all different. And lots of times, the judge's legal statement isn't how the tax rules are read.

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    abctax55
    Level 15
    July 7, 2021
    This post has been deleted.

    A L E R T !!

    First time poster, and the link might just be spam.   I wouldn't click on it.

    @kkkkks  -  you've been reported as a spammer.

    HumanKind... Be Both
    BobKamman
    Level 15
    July 7, 2021

    Most of the time what a state divorce-court judge "rules" is in a decree to which the spouses have agreed ("stipulated").  Even if this was a contested case, if the noncustodial parent meets the federal tax law requirements (which aren't much), then the custodial parent would be in contempt of court if he/she disobeyed the judge's order.  And of course in that case, she would go to jail, and the other parent would probably have custody until she agreed to obey the judge and was released.  

    Intuit Community Champion
    July 23, 2021

    IRS Publication 504 covers who may claim a dependency exemption, and how, following a divorce or separation. Regardless of what the custody orders the court has issued, federal law determines your federal tax status. Therefore, the IRS requirements supersede a county or state court order.

    As @IRonMaN said. Check out form 8332