Legal Question in Family Law in Indiana
Claiming dependents/Divorced
The following statement is unclear to me. It states
''That the Petitioner shall be entitled to claim the minor child as a dependent for Federal and State income taxation purposes and the Respondent agrees to execute any and all documents necessary to effectuate this order including the execution if an I.R.S. Form 8332.'' Does this mean that the respondent 'must' sign the paper or that she can 'choose' whether or not to allow the Petitioner to claim the minor child?
1 Answer from Attorneys
Re: Claiming dependents/Divorced
There is no choice left in the matter as the right to claim the child is not limited in any way. This is a "must" situtation. The party failing to execute the document annually can be cited for contempt and/or ordered to amend the return where a child was wrongfully claimed as a dependent.
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