What am I supposed to do if my ex won’t fill out the Form 8332 when the court says it is my year to file? You must give your ex adequate time to fill out the Form 8332 and if they have not filled it out by a date set forth in your divorce decree file papers to have them held in contempt and forced to fill out the form.  You will need to have your lawyer file the contempt papers and file them with the courts in order to be able to file the exemption.  However, according to the IRS the family courts do not have the right to determine that the non-custodial parent can claim the exemption.