CJ E

According to my divorce decree (2005), I am to get the dependency deduction for my kids - for which my Ex must sign Form 8332 (they don't live with me 50% and I must be current on support - which I am).

Ex and her attorney claim that they only agreed to release the DEPENDENCY exemption and NOT the CHILD TAX CREDIT. Therefore, they drafted a statement "RELEASE OF CLAIM TO EXEMPTION ONLY FOR CHILDREN OF DIVORCED PARENTS" which says "I, EX do hereby agree not to claim an exemption for my children (children's names) for the tax years 05, 06, 07 so that (ME) can claim such children as exemptions in such tax years. This release in no way waives my right to claim any other tax credits or child related tax benefits. This is consistent with the terms and conditions of our divorce Stipulation entered 2005 ..... "

I understand that starting in 2005 that the dependency deduction AND the Child tax credit CANNOT be split - they all go to the one with the dependency deduction.

So....note the caveat she puts in the last 2 sentences of this statement....this is my question - by her putting that in, does it in any way jeopardize my taking the child tax credit? I understand I cannot file HOH (I am remarried anyway) nor is EIC an issue. I feel that the first few sentences say it all - and say EXACTLY what the IRS indicates in Form 8332.

I need to file 2005 - 2007, as this has been holding me up for a while....

and I NEED to get CHILD TAX CREDIT since financial terms of my divorce were predicated on this (note I pay 100% of EX and kid's expenses - she does not work).

Looking forward to getting some answers from some tax pros out there...thanks!!!