Stipulated Judgment ¶¶54–57 — Child Tax Credit and Dependent Allocation

Source: Stipulated Judgment, FL-180 Attachment, IRMO Nibley Case No. 20FL010940C, entered June 17, 2022.

Summary

Allocates federal and state dependency exemptions and tax credits between the parents on an alternating basis, beginning with the 2021 tax year. Charles claims Ellanore in even-numbered years and Jack in odd-numbered years; Jennifer claims the inverse. Once only one child remains eligible, allocation alternates beginning with Jennifer in the first such year. Each party annually furnishes a signed IRS Form 8332 on request.

When to use

Reference for any dispute over which parent claims which child in a given tax year. Tracks neatly to the FL-150 / Xspouse calculations because filing status and exemptions are guideline inputs. Also relevant if either party’s tax-credit treatment is contested in support modification briefing.

Paragraph text (verbatim)

¶54. Commencing the 2021 tax year, the parties shall alternate years in claiming any federal and state dependency exemptions and credits for the minor children.

¶55. Charles shall claim Ellanore in even-numbered tax years and Jack in odd-numbered tax years.

¶56. Jennifer shall claim Jack in even-numbered years and Ellanore in odd-numbered tax years.

¶57. The parties shall alternate which child they claim as a dependent until only one (1) child is eligible to be claimed as a dependent. At such time as only one (1) child is eligible to be claimed, the parties shall alternate claiming said child, with Jennifer claiming that child in the first year that occurs and Charles claiming that child in the second year that occurs. Each party shall furnish yearly to the other party a signed IRS Form 8332 releasing any claim to said dependent upon request of the other party.

Scope / notes

• 2026 is even-numbered — Charles claims Ellanore, Jennifer claims Jack.
• 2027 is odd-numbered — Charles claims Jack, Jennifer claims Ellanore.
• Form 8332 is the required documentary mechanism; the noncustodial parent must obtain it from the custodial parent.

Linked exhibits

Transclude of Exhibits-by-Statute.base

Cross-references

• Stipulated Judgment ¶46 - 2022 Income Figures — exemptions allocated in the basis figures