Form 8332 for Tampa Florida 2018-2024

Form 8332 for Tampa Florida: What You Should Know

We need to know. —Mike (This is a “general Q&A” post, not a law post.) I have been told by a couple of different sources that the tax court will not issue an I.R.C. 1040-X for the nonparent if the nonparent does not have the required form 8332. For example, as shown below from a copy of IRS Form 8332, the non-custodial parent was required to sign the Form 8332.  Also, as shown below from a copy of IRS Form 8332, the non-custodial parent was NOT required to sign the Form 8332. As for the law as applied to non-custodial parents, as shown below from a copy of IRS Form 8820, the custodial parent is required to sign the Form 8332 and the non-custodial parent is required to sign the Form 8820.  I was unable to locate IRS Forms 8820. However, the custodial parent does NOT need to sign these forms as long as the custodial parent's signature is on Form 8922, Child Exemptions: Exemption for Child by Custodial Parent (I.R.C. 1040). I.R.C. 1040.  In case of a Divorce, or when the custodial parent is no longer the custodial parent, or when the custodial parent has been separated from the child more than 60 days, or if the non-custodial parent has not filed a Notice of Apparent or Order for Custody of the child in a court within 30 days from the date of filing for custody, the non-custodial parent may also file Form 8922, Child Exemption for Child by Custodial Parent (I.R.C. 1040). However, the custodial parent is not required to sign this form.  Form 8922 is needed if the custodial parent is the custodial parent, or if the custodial parent has been separated from the child more than 60 days, or if the non-custodial parent with the approval of the court has not filed a Notice of Apparent or Order for Custody of the child in a court within 30 days from the date of filing for custody.

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