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Sonia Walker February 22, 2021 Child Custody Support

Child support help for non custodial parents - The Internal Revenue Service launched a memorandum on June 19, 2009, clarifying the policies governing non-custodial determine's cappotential to say a dependency exemption for his or

Previously, the Service allowed a non-custodial determine to say an exemption for a kid if the custodial determine signed a written assertion freeing declare to the exemption and the non-custodial determine connected that assertion to their return. IRS Form 8332 is to be had to report this release. In Publication 501, Exemptions, Standard Deduction, and Filing Information, the Service has said that a non-custodial determine might also additionally connect sure pages of a divorce decree or separation settlement, rather than Form 8332, if the connected pages consist of the statistics required

A trouble arose withinside the ambiguous language of the real code. It said the discharge of a declare ought to be on Form 8332 or, if now no longer on such form, ought to "agree to the substance of such form. The ambiguity begat creativity and own circle of relatives regulation legal professionals started out drafting the declarations into agreement agreements. Taxpayers could then actually want to connect a duplicate in their divorce decree. This removed the want for Form 8332 and therefore, the want to talk on your ex-partner each 12 months soliciting for a signature.

The current memorandum changed into directed particularly on the query whether or not it changed into allowable for a determine who does now no longer have custody to show their proper to the exemption through filing evidence of delight of a circumstance in a divorce decree. The circumstance changed into that the non-custodial determine might also additionally handiest declare the exemption if present day in his or her aid obligation. This increases the trouble of substantiation.

In the June 19 memo, the Service concluded the discharge ought to be on Form 8332 or ought to be a report conforming to the substance of Form 8332 and has as its handiest cause the discharge of a declare A divorce decree, separation settlement or parenting plan permitting a non-custodial determine to say an exemption for a kid, handiest if a circumstance is met, does now no longer agree to the substance of Form For tax years starting after July 2, 2008, a agreement settlement, decree or judgment might not be utilized by a non-custodial determine to confirm a dependency exemption for a kid, even though observed through a declaration proceeding to expose the circumstance withinside the decree or settlement changed

These rules mirror the Service's challenge approximately substantiating a declare to a dependency exemption for a kid and are supposed to keep away from troubles of evidence, reduce controversy, and reduce expenses to mother and father. The alternate does now no longer ward off a non-custodial determine from claiming the exemption; it actually calls for extra care be made to ensure that is accomplished.

It can be useful to consist of language stipulating the custodial determine will execute Form 8332 on a every year basis. This observe up venture may be alleviated through insuring the newly unmarried mother and father seek advice from a monetary guide with unique enjoy withinside the area of divorce monetary planning. Two mother and father claiming an exemption for the identical toddler will lead to IRS audits for each and likely carry a settled case again into the courtroom. The Service has genuinely said it isn't always permissible to consist of any language that would require substantiation.

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