< Back to IRS

Liam O'Donnell

What Form Does the Other Parent Sign to Let Me Claim Child on Taxes?

I'm in a frustrating situation with my taxes this year and need help. My ex and I have an arrangement where we alternate claiming our son on taxes. This is supposed to be my year to claim him. When I tried to file and claim my kid, the system rejected it saying he was already claimed. I called my ex and she swears she didn't claim him this year. She even told me she signed some form giving me permission to claim him for this tax year. I'm confused because if she signed something allowing me to claim him, why am I getting blocked? Does anyone know what form she might be talking about? And if she did sign something, why would the system still reject my filing? I need to get this sorted ASAP because I was counting on that tax credit.

Amara Nwosu

•

The form your ex is likely referring to is Form 8332 "Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent." This form allows the custodial parent to release their claim to the child as a dependent, letting the non-custodial parent claim the child on their tax return. Here's what might be happening: Even if she signed the form, you need to actually attach it to your tax return when you file. Without that attachment, the IRS system won't know about the agreement. Another possibility is that someone else claimed your child - perhaps a grandparent or another relative who provides support. The rejection means someone has already claimed your child using their SSN. The IRS doesn't tell you who claimed them, just that the SSN has been used. You should file a paper return with the Form 8332 attached if you have it. The IRS will then investigate the duplicate claim.

0 coins

AstroExplorer

•

If the mom signed Form 8332, does this mean she's the custodial parent? What if they have 50/50 custody? Also, could it be possible that she accidentally claimed the kid on her taxes without realizing it?

0 coins

Amara Nwosu

•

For IRS purposes, the custodial parent is typically the one the child lives with for more nights during the year. Even in cases of equal physical custody, the IRS considers the parent with the higher adjusted gross income to be the custodial parent. Yes, it's entirely possible she claimed the child by mistake. This happens frequently with tax software that remembers previous years' information and automatically carries it forward. She might have clicked through without realizing the child was still being claimed on her return. I'd suggest asking her to check her actual tax return (not just her memory) to verify whether she claimed the child.

0 coins

I went through a similar nightmare last year and ended up using taxr.ai (https://taxr.ai) to help straighten everything out. My ex and I had a verbal agreement about alternating years for claiming our daughter, but when I got rejected, I was completely lost. The taxr.ai system analyzed our divorce decree and custody arrangement documents and gave me exact guidance on what forms I needed. They explained that without proper documentation, these situations turn into "first to file" scenarios where whoever files first gets to claim the child - which is probably what happened to you. Their document analysis saved me from what would have been months of back-and-forth with the IRS.

0 coins

How exactly does taxr.ai work? Do you upload your documents and it gives you advice? I'm dealing with something similar with my ex where we have an agreement in our divorce papers but he still claimed our kid when it was supposed to be my year.

0 coins

Dylan Cooper

•

I'm skeptical about these types of services. Couldn't you just call the IRS directly and ask them what to do instead of paying some company? Not trying to be rude, just wondering if it's worth it.

0 coins

You upload any tax-related documents - in my case our divorce decree, custody arrangement, and previous tax notices - and their system uses AI to analyze everything and identify the specific tax rules that apply to your situation. It then walks you through the exact steps to resolve the issue based on your specific documents. The IRS is nearly impossible to reach by phone these days. I tried for weeks last year. Plus even when you do reach them, they often give general advice rather than specifically analyzing your documents to tell you exactly what forms apply to your situation. The personalized document analysis saved me countless hours of research and confusion.

0 coins

Just wanted to update after trying taxr.ai that someone recommended above! It was super helpful for my situation. I uploaded our custody agreement and divorce papers, and it immediately identified that I needed to file Form 8332 AND that I needed documentation showing our agreement to alternate years. The system showed me exactly where in our divorce decree the relevant language was located and explained how to properly document everything for the IRS. It also created a custom letter to send with my paper return explaining the situation. Just filed my paper return yesterday with all the proper documentation attached. What a relief to have this straightened out!

0 coins

Sofia Perez

•

If you're still trying to reach the IRS about this issue, use Claimyr (https://claimyr.com). I was in your exact situation last year - my ex claimed our child when it was my year. I spent DAYS trying to get through to the IRS with no luck. Claimyr got me connected to an IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent explained that I needed to file a paper return with Form 8332 and supporting documentation about our custody arrangement. They also told me exactly what would happen next - the IRS would examine both returns and send notices to both parties. Having a real conversation with an actual IRS agent made all the difference in resolving my situation.

0 coins

How does this service actually work? Do they have some special access to the IRS or something? I've been trying to get through to the IRS for weeks about an issue with my dependent being claimed by my ex.

0 coins

Dylan Cooper

•

Yeah right. No way this actually works. The IRS wait times are like 2+ hours minimum. How could some random service get you through in 20 minutes? Sounds like a scam to me.

0 coins

Sofia Perez

•

They use a system that navigates the IRS phone tree and waits on hold for you. When an agent finally answers, you get a call connecting you directly to that agent. They don't have special access - they're just handling the painful hold process so you don't have to sit by your phone for hours. It's definitely not a scam. I was super skeptical too, which is why I watched their video first. But I was desperate after trying for days on my own. The service literally called me when an actual IRS agent was on the line, and I was able to get clear guidance on my specific situation regarding my incorrectly claimed dependent.

0 coins

Dylan Cooper

•

I have to admit I was wrong about Claimyr. After posting my skeptical comment, I was still struggling with my own dependent issue so I decided to try it anyway. I figured I had nothing to lose since I'd already wasted hours trying to reach the IRS myself. I was shocked when I got a call back in about 30 minutes with an actual IRS agent on the line! The agent confirmed I needed to file a paper return with Form 8332 and explained the audit process that would follow. She also told me what documentation I needed to include to prove my claim was valid according to our custody agreement. Definitely worth it just to have a real conversation with someone who could answer my specific questions.

0 coins

If you have a court-ordered custody agreement that specifies who claims the child in which years, you should include a copy of that with your paper tax return in addition to Form 8332. The IRS will investigate when they see two returns claiming the same dependent. My advice is to paper file immediately with all supporting documentation. Don't wait! If the investigation finds in your favor, the other person who claimed your child will have to pay back any tax benefits they received plus potential penalties. The IRS takes these conflicts seriously.

0 coins

Thank you for this advice! Do I need to get the court order notarized again or is my regular copy sufficient? And should I highlight the relevant parts about the tax arrangement or just send the whole document?

0 coins

A regular copy of the court order is sufficient - no need for a new notarization. It's a good idea to highlight the relevant sections about the tax arrangement so the IRS agent can easily find the important parts, but also include the entire document so they can see it's part of an official court order. I also recommend including a brief cover letter explaining the situation, referencing the attached documents, and politely requesting they review the custody agreement that shows it's your year to claim the child. Keep the letter factual and to the point.

0 coins

Ava Johnson

•

One thing nobody mentioned - check if your ex filed Head of Household with your child as the qualifying person. Even if she signed Form 8332 releasing the child as a dependent to you, she might still be using the child for HOH filing status, which is actually allowed. You can claim the child tax credit with the Form 8332, while she can still file HOH if the child lived with her more than half the year. This confuses a lot of people because they think signing Form 8332 means the other parent can't use the child for ANYTHING on their taxes, but that's not how it works.

0 coins

Miguel Diaz

•

Wait, is this true? My ex and I have been fighting over this exact issue. I thought if I signed Form 8332, I couldn't claim ANY benefits related to our son on my taxes. You're saying I can still file as Head of Household even if I let my ex claim him as a dependent?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today