Crazy ex-wife

Culture & Society Forum

I have always claimed our 2 kids for income tax. My ex decided that she wants to claim them from now on. Informed me that it is illegal for me to claim them even though it is in the divorce. Since it is in the divorce, what if she were to claim them also? Which one of us is in the wrong? Does it matter who were to claim first?

General rules, you have custody....you get exemption. Gets more complicated if contested. Don't get crazy either.

Also, what the divorce decree says means nothing to the IRS, it is state law. Federal Law trumps state law. The IRS does not care about divorce decrees. It is noit bound by them. Only do what the tax code states. Then, you can turn around and recover from your wife for anything owed to you as a result of the divorce decree.

Both sets of law are important to guide the legal purpose imposed. The State laws for the divorce and the tax laws in particular aspects of tax treatments. Two sets of courts and jurisdiction also. You need advisor team to be familiar with both. Both spouses should be counseled and try to settle amicably, rather than go the costly 9 yards.

Each year stands on own by it's fact pattern as it applies to the tax codes. One of the trickier aspect is determining which spouse actually provided more than the other in terms of FINANCIAL support during the 365 days of the year. Focus on keeping track and proving share of support when contesting, including sources, application and means.

The last post put things in perspective between warring roses. This one gives you two some options. If both earned same level of income to pay for child support. Try to split the two exemptions. If one is sole support, doesn't make sense. If one is in say 10% bracket and other in 35%, the ten hurts the 35 - makes no sense and penalizes both. How the pair work things out require less emotion and more clear thinking. If both destructive, both deserve it. Here are somethings to help both of you: Just Click Below

1. Release of Claim For Exemption Form 8332
2. Multiple Support Agreement Form 2120

When contested, the rule is: Winner takes all. There is no half here and half there or whatever. The winner is the one who can document and prove more than 50% and gets the exemption. OTOH, anyone KNOWING and have NOT paid close to that say like 5% appears like a fool in demanding a shakedown.

Caution: Loophole working against both low income spouses with unemployment or welfare benefits etc, can come down to BOTH losing and NO ONE gets the exemptions. Lesson: Learn to get along, having previously screwed each other.