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Divorce Tax Question

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Daddo posted 9/17/2013 17:35 PM

I am posting this for a friend:

"My soon to be ex and I are negotiating our divorce. I am offering to pay a number of extras - the children's medical insurance and most of the college expenses, but I would like to claim them as dependents for tax purposes. She objects - even though she is only working part time and her income is quite low.

She is planning to marry her BF. If she does, can take head of household status and claim them as dependents? Is that why she is resisting? Does he need to adopt them or something first?"

gma56 posted 9/17/2013 18:03 PM

I would talk to your attorney. The tax issue should addressed in the final decree anyway so there are no misunderstandings.

Mandilwen posted 9/17/2013 21:18 PM

If she remarries, she files married filing jointly or married filing separately. If she can claim dependents, she can file head of household if not married. The children do not need to be adopted by the filer to claim them as dependents.

She is resisting probably because of the earned income credit, and child tax credit she would receive. There is a phase in and phase out level for it, I think right around 22,000 is the max payout. Both credits are refundable. Some divorces will split kids for taxes, or claim every other year. My divorce says we each claim one, but I actually have earned income, so I claim and give him some money. Definitely run these things by lawyer or tax person. It's been a couple years since my income tax class, lol!

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