How do you go about changing who files for the children on their income taxes?

UPDATED: Dec 6, 2011

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How do you go about changing who files for the children on their income taxes?

I have joint custody of my 2 daughters. In the divorce papers we both file a child each year on our taxes and it is specified which child to file. My oldest daughter is filed by my ex-husband but she is now 13and doesn’t go to her dad’s house and I was wondering how to go about having this changed.

Asked on December 6, 2011 under Family Law, Tennessee


Hong Shen / Roberts Law Group

Answered 11 years ago | Contributor

If you are the custodial parent of her, then you should file. Vice versa. However, if your husband is willing to let you file, and he is the custodial parent, then he should use IRS 8322 to release the dependency to you. He must do this every year though.

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