My ex husband is trying to claim Non Dependent Child Care Expenses for our son. He signed an 8332 form in 2006 waiving his right to claim our son as a dependent. Our divorce papers also state that he cannot claim our son as a dependent.

Forgive my potential ignorance here but we keep running into this issue for the past 3 years. I claim my son as a dependent and I also claim the child care credit since I pay at least 3k a year on his daycare expenses. My ex insists that he can claim it also but from what I have been told, he cannot claim it if he has waived his right to claim our son. Can I get a straight answer here?

For the record, my ex signed an open ended 8332 form and it states in our divorce papers "mother shall claim the child". Can he do what he is doing? Why is it messing things up when I go to file mine?

I got a letter from the IRS in reference to 2007 asking if I had the right to claim this person (our son) as a dependent. SO, if what he is doing is legit... Why is the IRS sending me letters?? Please help. Please let me know if you need more specific details.

Thank you.

:eek:

From what I know your husband CAN NOT claim him. He should be the one receiving the letters not you. My suggestion would be to take the divorce papers and judge ruling papers with you when you go file your taxes this year and talk to your tax provider and find out for such just to be safe. Also take your letter from the IRS. They may be able to help you resolve this issue better.

If you provide a copy of the divorce decree to the IRS that states YOU have the sole right to claim your child as a dependent, that will end your problems with the IRS, as the IRS does abide by court decrees.