• Divorce - Dependent Tax Exemptions
  • June 8, 2012 | Author: Gary A. Russell
  • Law Firm: Clos, Russell & Wirth, P.C. - Westland Office
  • Regardless of what the language of the judgment of divorce states about which party can claim the dependent tax exemptions, federal law dictates whether or not a party may claim a dependent as an exemption on their income tax return annually. The general rule is only the parent that has custody of the child for more then half of the year and provides over half of the support for the child, may claim the child as a dependent on their tax return. However, a parent not meeting those requirements can claim a child(ren) as dependents under federal law, provided the custodial parent executes IRS Form 8332, which waives that parents right to claim the child(ren) for a particular tax year. Form 8332 (one for each child), must be filed with the non-custodial parent’s tax return, or else the exemption may be denied.