Olympia, WA asked in Family Law, Tax Law and Child Support for Washington

Q: I need some advice in regards to the IRS form 8332 and the verbiage.

On my husbands child support documents it states that in order for him to be able to claim his daughter (with his ex-wife) on his taxes “as long as he is current on his child support obligation. Current shall be defined as making all the monthly current support payments and making all the monthly payments towards any judgement or arrearages”. He is current on his child support however he has a personal judgement (unrelated to child support/nothing to do with the child) from 10 years ago that his ex-wife apparently found online and she’s claiming he now can’t claim their daughter on his tax return. I think the child support paperwork is referring to being current in judgments that pertain to child support specifically is that right? Any help is so much appreciated, it’s one thing after another that we have to deal with!

1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: Without seeing the document I tend to agree with your interpretation, however, there may be something else within the document that could change my answer. That being said, your husband should call the attorney that handled his divorce to double check. If they are unavailable, he should call the clerk at the court and ask if they have any suggestions. Here in Connecticut we have people that will assist if you do not have an attorney. I do not know if your state provides that service.

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