Skip to main content
Message Font: Serif | Sans-Serif
No. of Recommendations: 0
So it seems to me that if the form included does have all the information required on Form 8332, it would be acceptable. That information appears to include SS# of both parents, child's name, year (in this case, even years), and the signature of the custodial parent, then you'd probably be okay. Including the proof of meeting the requirement couldn't hurt.

If Phil, Peter, or Ira wish still wish to disagree, I would take their word stronger than mine, that's for sure. But by the wording of the IRS, if you have a 8332 substitute, that should be okay. And it seems to make no difference whether they are divorced or never married.
But the problem, as posed in the OP, was that the custodial parent refused to sign, and there lies the problem.

Now if you claim the kid without the 8332, you'll get into a correspondence audit if not the personal kind, and may, with the right documentation, be able to persuade a live IRS person you're entitled to the exemption. But I haven't tried that route myself.

As Phil (I believe) stated above, your only other recourse is to get the divorce lawyer(s) back into the act if she continues to refuse.

Print the post  


In accordance with IRS Circular 230, you cannot use the contents of any post on The Motley Fool's message boards to avoid tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions.
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and Glassdoor #1 Company to Work For 2015! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.