US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can I contest my ex-husband's tax claim for our son after our divorce?

Can I contest my ex-husband's tax claim for our son after our divorce?

Q: Can you alternate claiming a child on taxes?

Yes, parents can alternate claiming a child on their taxes. This is often done in cases of shared custody arrangements. However, it is essential to have a clear agreement and to ensure that the parent claiming the child has the necessary documentation, such as IRS Form 8332, if required.

Q: Which parent has the right to claim child on taxes?

Typically, the custodial parent has the right to claim the child on their taxes. The custodial parent is the one with whom the child lives for the majority of the year. However, the non-custodial parent may claim the child if the custodial parent provides a signed IRS Form 8332 allowing them to do so.

Q: Who can claim dependents on taxes after divorce?

After a divorce, the custodial parent usually claims the children as dependents on their taxes. If the non-custodial parent wishes to claim a child, they must have a signed agreement from the custodial parent, typically using IRS Form 8332. The terms of the divorce agreement can also dictate who claims the children.

Q: Who has the right to claim a child on taxes?

The right to claim a child on taxes generally belongs to the custodial parent, who is the parent with whom the child resides for the majority of the year. The non-custodial parent can claim the child only if they have a signed release from the custodial parent, often using IRS Form 8332.

Full question:

When my husband and I divorced in Florida, he was living locally and was seeing the 2 children twice a week and every other weekend. To be fair, we each agreed to claim one child for tax purposes, and that was stated in the divorce agreement. He has since moved to North Carolina, only sees the kids about two weeks out of every year. He has now lost his job and hasn't paid child support for approximately 5 months. He agreed on the phone that he should not claim our son anymore but his wife has filed their taxes and claimed our son. Can I fight this in any way regardless of the settlement agreement?

Category: Divorce
Date: 04/07/2025
State: Florida

Answer:

Contracts are legally enforceable agreements that create obligations between parties. In your case, the divorce agreement specifies who can claim the children for tax purposes. However, oral agreements, like the one you mentioned, can be challenging to enforce, especially if they contradict a written court order.

Generally, a divorce decree can only be modified by the court, and both parties must show a significant change in circumstances. Since your ex-husband has not been fulfilling his obligations, such as paying child support, you may have grounds to seek a modification. However, simply agreeing over the phone does not typically change the terms of the divorce agreement.

If your ex-husband's wife has claimed your son on their taxes, you may contest this claim. The IRS generally requires the custodial parent to claim the child unless the non-custodial parent has a signed form (IRS Form 8332) from the custodial parent allowing them to do so. Since your ex-husband agreed not to claim your son, you may have a basis to dispute the claim with the IRS.

It’s advisable to consult with a family law attorney in Florida to explore your options and determine the best course of action.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does child tax credit work with split custody?

The child tax credit can be claimed by the custodial parent, who is the parent with whom the child lives for the greater part of the year. In cases of split custody, parents may alternate claiming the child each year, but this must be agreed upon and documented. If one parent claims the child, the other should not claim the child on their taxes unless they have a signed IRS Form 8332 from the custodial parent allowing it.

Can you alternate claiming a child on taxes?

Which parent has the right to claim child on taxes?

Who can claim dependents on taxes after divorce?

Who has the right to claim a child on taxes?

How does the IRS know who the custodial parent is?

The IRS determines the custodial parent based on the child's residency during the tax year. The custodial parent is typically the one with whom the child lives for more than half the year. In cases of disputes, the IRS may require documentation, such as divorce agreements or custody arrangements, to clarify who is entitled to claim the child.