Form 8332
In 1996, along with divorce decree, I signed form 8332 giving my ex rights to claim our 2 boys and he signed allowing for me to claim our 2 girls. My question is, IF he is not claiming the boys, CAN I? I have strong reasons to believe he has not claimed them in previous years (for whatever reason...possibly not filing at all.) I am the custodial parent of all 4 children since day one, and I meet all ''support test'' qualifications set out by IRS, except for the fact that I signed the dreaded form 8332. He is non-custodial, pays child support, and visitations are usually only the standard(or less). IF he has not claimed them in the past, can I file amendments to my previous years taxes? What would happen to me if I did claim them this year after he hasn't in the past, and then he decides to file and claim them?
1 Answer from Attorneys
Re: Form 8332
Whether or not you can take the exemption for the boys depends on whether or not you signed Form 8332 for all future years or whether you signed it for only one year. If you signed the form for all future years, you would need to have your ex sign a new Form 8332 releasing the rights to the exemptions back to you.
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