During this time, many questions arise about the ins and outs of tax claims and dependencies. Divorced parents should pay particular attention to current tax laws as specific forms will need to be filed, particularly in the instance of one parent having full physical custody.
A noncustodial parent (a parent who does not have physical and/or legal custody of his/her child by court order) can claim a qualifying child for dependency as long as the two following required steps are taken:
- The custodial parent must sign a written declaration on Form 8332 that he or she will not claim that child as a dependent for the tax year
- The noncustodial parent must attach a copy of this written declaration to his or her return
Custodial parents can use this tax form both to release a claim to exemption for his/her child so that the noncustodial parent can claim an exemption for the child or to revoke a previous release of claim to exemption for his/her child.
