DIVORCE & EXEMPTIONS FOR NON-CUSTODIAL PARENT

IRS RULES CHANGE FOR DIVORCED OR SEPARATED PARENTS

REGARDING EXEMPTIONS

If you know anybody divorced, separated, or contemplating same-forward them this bulletin

One of the common points which should be dealt with in a divorce or separation agreement or decree, is which party is entitled to the exemptions for the children.

For agreements and decrees from 1985-2008, either a Form 8332 was included with the tax return of the non-custodial spouse entitled to the exemption, or the relevant pages of the decree or agreement which showed such entitlement.

From 2009 going forward, the Form 8332 should be attached.
This may mean chasing your ex to provide the form, and possibly requiring legal intervention if the ex refuses to comply.

Also new, is the ability, (at least with the new Form 8332) for the custodial parent to revoke the non-custodial parent's rights to exemptions. Of course, if this contradicts the agreement or decree of the parties, then court intervention will be necessary to correct the situation.

Any attempted revocation of the non-custodial parent's right to the exemption by the new Form 8332, would take place in the tax year after the form is provided to the non-custodial parent, so you would have time to challenge an unauthorized revocation.

Live on Long Island and contemplating a divorce? contact me. nylawman@justice.com

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