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What can be done if my wife's ex-husband claimed thier child on his taxes?


My wife is the custodial parent of their child and her claim for dependent exemption was rejected by the IRS because her ex-husband claimed the child. What, if any, steps can be taken to resolve the issue?

Typically the divorce degree will determine who gets the exemption. Generally, the custodial parent is treated as the parent who provided more than half of the child's support. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if certain conditions are met.

The custodial parent signs a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.
submit copy of court decree.
The IRS told me that as long as my ex provided half of the support for my children during the last year that he had every right to claim them on his taxes and that and I quote "He got to it first", so basicly I got screwed.
The first two answers are correct. Unless your wife was granted the right to claim them in the divorce decree, or she can prove she meets the dependency tests to claim the child, support being one of them, then the ex is entitled to claim them if he meets those tests.
If they do not have an agreement that says that he can claim them every other year or if he Did not pay more than 50 % of their support (he pd 51 she pd 49%)then you need to contact the IRS. If both parents pay 50% they will automatically give the credit to the parent the children live with. The reason why he got the credit is he filed first. Next year file as soon as you can. The IRS will take your EIC away for falsifying a return to get the credit!
Modified 1 year ago
A form 8332 can be signed by anyone having children in common, even if you haven't been married. All that form does is release the dependancy exemption and the child tax credit. The person releasing this (signing the form) may still claim EIC, Head of household, and Child/Dependant care expenses if they qualify to take those. Most people don't understand this part of it. Your best bet is to mail in a copy of your taxes, with a copy of the decree stating who gets to claim that child and let the IRS work it out.
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