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Form 8332 for New Jersey: What You Should Know

A child who has a parent who is deceased, who is a parent who is in prison, or who is mentally unable to care for the child, or who abandoned or neglected the child in care, may voluntarily become the legal guardian of the child.” “A child may voluntarily give up an existing legal guardian and become the legal caretaker of the child, and no waiver of parental rights is required.” What is the difference between IRS Form 8332 or the Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, and Form 501 (for adoption)?  Note the key things: Form 8332/501 = The Release/Revocation of Release of Claim, which was required to be signed by the non-custodial parent prior to filing or receiving child support.   Form 8332/501 = The Release/Revocation of Release of Claim, which was required to be signed by the non-custodial parent prior to filing or receiving child support. There is a distinction here. The Release/Revocation of Release of Claim is NOT required if it is a release of non-custody. If a release of custody is not required, then the custodial parent cannot sign Form 8332 or Form 501 in place of the non-custodial parent. There is an IRS Form 8332, titled The Release/Revocation of Release of Claim, that was released to children in court, in effect, before the child's birth, after the child was conceived, etc.  To be effective, IRS Form 8332 had to be filed, even if no child support orders were issued/received or child support orders were not issued for the child, the child should have been identified as a dependent by the custodial parent prior to filing for child support for the child. IRS Form 8332 is not required when a child has been adopted and no child support orders are being issued or received for that child. In addition to the Form 8332, the custodial parent should have had a court order granting visitation rights prior to signing the Form 8332, if the child was adopted (and no adoption orders were originally issued or received for the child).

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