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South Dakota Form 8332: What You Should Know
The custodial parent must also attach the same form 8332 to her or his tax return. In South Dakota, it is a question of when the custodial parent should release a claim to exemption for a child. The most common answer given is when the child reaches the age of 17. However, it is often asked whether it is permissible to “claim” a child for several years while the custody case remains open. That question is complicated; for now we will suggest using the guidelines below. In the following section you will find the main guidelines for “claiming a child while the custody case remains open” as described in the Supreme Court Opinion and the Notice of Decision. If we find that the non-custodial parent's filing of tax returns is proper, we conclude there is no requirement under South Dakota law to attach these forms to the tax return. If you are a custodial parent, you are entitled to attach these forms if you wish to release a claim. In a judgment, the Court may order the custodial parent to release a claim to exemption for the child to the non-custodial parent upon the final determination of a divorce. The custodial parent must have filed a claim to exemption for the child prior to the Court's determination. The non-custodial parent can continue the custody case by continuing to assert the claim, however, the Court will not grant relief to the non-custodial parent based on any release of the claim. The custodial parent can continue the custody case by completing the form 8332, Release/Revocation of Release of Claim To Information about Form 8332, Release/Revocation of Release of Claim To Exemption for Child by Custodial or Support Person : SD Dept. of Social Services Formatting provided courtesy of State Bar of South Dakota written declaration attached to the custody parent's income tax return is IRS “Form 8332. The custodial parent's right to claim a child is limited until the child reaches the age of 17. The primary reason for limiting the right to claim a child is to assure the child receives certain education, medical and dental care and a decent living environment. Once the child reaches the age of 17, the non-custodial parent is now the sole taxpayer, and she can take a tax deduction for the child's education, medical and dental care, and a decent living environment.
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