My husband was divorced in 2005 and has in his divorce decree that he can claim 1 of his children ad long as his child support is caught up. Now, after the divorce was final his ex wife signed IRS form 8332 Release of Claim to Exemption for the child. We have since moved to another state and fell behind on child support ($1500.00) during the move. However, we would still like to claim the child so that we can pay the support with the taxes. However, the ex wife says that she is NOW going to claim the child since we are behind on support. Can she do that even though she signed the release of claim on the child after the divorce?

Based on the terms of the divorce decree, yes, she can claim the child. The IRS will take the divorce into account if they have to make the final decision.

Now, if you were to agree in writing to pay the back chld support with the tax refund, she might change her mind.

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Originally Posted by redmeka

My husband was divorced in 2005 and has in his divorce decree that he can claim 1 of his children ad long as his child support is caught up. Now, after the divorce was final his ex wife signed IRS form 8332 Release of Claim to Exemption for the child. We have since moved to another state and fell behind on child support ($1500.00) during the move. However, we would still like to claim the child so that we can pay the support with the taxes. However, the ex wife says that she is NOW going to claim the child since we are behind on support. Can she do that even though she signed the release of claim on the child after the divorce?

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A copy of that ordered needs to be sent to the IRS.you will have the right of claim, but, when child support goes into arrears the IRS will pay the support due out of yor refund.also if you have outstanding student loans they get pd first too.I just resigned from the IRS.