Legal Question in Family Law in Indiana

Tax form 8332

My ex-wife and I signed the tax form 8332, Release of Claim to Exemption for Child of Divorced or Seperated Parents. We signed this when the boys lived with her so that I could claim one child and she would claim the other. Now I have custody and would like to claim both of my children. Can I claim both of my children now that they live with me?

Asked on 11/21/01, 8:28 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: Tax form 8332

Generally the custodial parent gets the tax deduction.

You need to get her to sign the form for you to release the deductions to you.

If she won't agree to do it, you might have to go back to court to get the court to order it.

Also, you didn't ask, but if the custody has changed, then the child support must also change -- and you must do this in court.

Why? It can adversely affect child support issues, if you had money changing hands because of a disparity in income.

Furthermore, you can't get child support from her back to the date of the move. It can only go back to the date of filig a petition on the issue.

Hope this information helps.

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Answered on 11/22/01, 2:58 am

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