It is still mind blowing how often men in divorces are led to believe they can simply claim their children as dependents simply because the divorce decree says they can.
If you are divorcing, the other spouse will have custody (meaning the child sleeps at their house) for more than 183 days of the year, and you negotiate trading off claiming the child, you MUST have the other spouse sign one Form 8332 that indicates what years you can claim the child.
If you do not get a signed Form 8332, your ex-spouse has all power as far as the IRS is concerned to claim the children every year. You may be able to sue in family court proceedings for breaching the decree, but the ex-spouse will win the point with the IRS everytime.
Divorce attorneys please get this form signed everytime and keep it on file.
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