- 4 - over half of his support from his parents who are divorced under a decree of divorce, and the child is in the custody of one or both of his parents for more than one-half of the year, then the child will be treated as receiving over half of his support from the parent having custody for a greater portion of the calendar year (referred to as the “custodial parent”). Petitioner’s former spouse was the custodial parent of the two children at issue. The “noncustodial parent” is entitled to claim the dependency exemption deductions if one of three statutory exceptions in section 152(e) applies. If an exception applies, the “noncustodial parent” (in this case petitioner) is treated as providing over half of a child’s support. This case, therefore, focuses on section 152(e)(2). Section 152(e)(2) provides, if “the custodial parent signs a written declaration”, that such custodial parent will not claim such child as a dependent, and the noncustodial parent attaches such written declaration to the noncustodial parent’s return for the taxable year, the noncustodial parent is entitled to the dependency exemption deduction for that year. The “written declaration” is embodied in Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents. That form consists of two parts, Part I, which is for the release of the dependency exemption for the “current year”, and Part IIPage: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007