Q: Can I refuse to sign Form 8332 and claim both kids as custodial parent?
I am in Florida and got divorced in 2019. My ex-husband and I have two children, and I have them 80% of the time since he lives in a different city from where they attend school. Our divorce agreement allows him to claim one child on his taxes. He recently hired a CPA who requires me to sign Form 8332 to give up my right to claim that child. Our divorce agreement does not mention Form 8332, and until now, I’ve been providing our son's SSN for him to claim on his taxes because I thought I had no choice. Although he hasn’t threatened legal action, I’m concerned my refusal might lead to a court dispute, and I’m worried about legal costs. Additionally, our financial situations have changed; I was unemployed for much of 2024, and he inherited significant funds. Can I refuse to sign the form and claim both children as I am the custodial parent, regardless of the divorce agreement? Can this decision impact my ability to renegotiate child support?
A: If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a modification. Speak with a local family lawyer for more specific advice.
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