Divorce decree or separation agreement. If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or agreement must state all three of the following:
- The noncustodial parent can claim the child as a dependent without regard to any condition (such as payment of support).
- The other parent won't claim the child as a dependent.
- The years for which the claim is released.
The noncustodial parent must attach all of the following pages from the decree or agreement:
- Cover page (include the other parent's SSN on that page).
- The pages that include all of the information identified in (1) through (3) above.
- Signature page with the other parent's signature and date of agreement.
Note: The noncustodial parent must attach the required information even if it was filed with a return in an earlier year.