What Are The Requirements For Claiming Someone As A Dependent?

Matt Allen — Mon, 06 May 2013 00:00:00 +0100

By Jill Massey

Cordell & Cordell Family Law Attorney

Generally speaking, you cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative.

What are the requirements for a person to be a qualifying child or a qualifying relative?

Do Tax Refunds Count As Income For Calculating Child Support?

Wed, 27 Mar 2013 00:00:00 +0100

Question:

Are tax refund checks considered income when calculating child support?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania child support laws where I am lRead More...

Taxes During Divorce: What You Can and Cannot Deduct

Matt Allen — Mon, 18 Mar 2013 00:00:00 +0100

By Tara N. Brewer

Special to DadsDivorce.com

When facing a divorce, tax season can become quite complicated.

According to The Wall Street Journal, revisions under the American Taxpayer Relief Act have forced divorce attorneys and tax accountants to cautiously calculate divorce agreRead More...

Ex-Wife Violating Tax Filing Clause Of Our Divorce Decree

Matt Allen — Fri, 15 Mar 2013 00:00:00 +0100

Question:

My ex-wife has not filed a tax return in several years so she is also not reporting child support as income.

We are supposed to exchange tax forms, but I have a difficult time handing my filings over to her when she is not following the same terms of Read More...

Dividing Tax Refund Check Received After Divorce

Matt Allen — Sun, 10 Mar 2013 00:00:00 +0100

Question:

I just received my 2011 tax refund check that was made out to my ex-wife and I because we were married at the time.

Do I owe her half of this tax refund that was earned while we were still married even though we are now divorced?

Answer:

IRead More...

Interpreting Divorce Decree Tax Clauses

Matt Allen — Thu, 21 Feb 2013 00:00:00 +0100

Question:

My question is about taxes and claiming dependents if we were divorced less than a year ago.

Our divorce agreement states that each of us would claim one child as a dependent until they are 18, though nothing specifically mentions how to handle 2012, the Read More...

Child Tax Credit Interfering With Dependent Care Flexible Spending Account

Matt Allen — Wed, 21 Nov 2012 00:00:00 +0100

Question:

This is a tax question related to the 2013 Dependent Care Flexible Spending Account and claiming the child as a dependent.

I share joint custody with my ex-wife, but she will be claiming our son as a dependent for 2013 taxes. I am considering a Flexible Spending Account for Dependent Care (daycare) and want to know if I can do this next Read More...

Tax Tips: What Will Happen If My Ex Violates The Decree And Claims The Dependent Exemption?

Sat, 06 Oct 2012 00:00:00 +0100

Question:

Our divorce decree states that I can claim our children for tax purposes even though I am the noncustodial parent and my ex-wife is the custodial parent.

Now my ex-wife wants to claim one or both of our children on her taxes because she no longer thinks it's fair that the noncustodial parent is receiving the dependent exemptRead More...

Calculate Child Support: Do One-Time Relocation Payments Count As Income?

Matt Allen — Mon, 10 Sep 2012 00:00:00 +0100

Question:

How do child support calculations count one-time relocation payments?

I moved as a requirement of my employment and received a tax neutral relocation payment to offset losses on the house I sold, moving, and purchasing expenses.

Can my ex-wife go after that money next year when it shows up on my W-2 as wages for this Read More...

Structure Of IRA Property Division To Avoid Tax Liability

Matt Allen — Tue, 14 Aug 2012 00:00:00 +0100

Question:

My property division question is about how my IRA account will be divided.

We have agreed to splitting the amount with my receiving 100% of the value of the IRA at the time of our marriage and then splitting the contributions and earnings of the IRA after our marriage 50/50.

How do we word the judgment in order to accept these conditRead More...

How To Avoid The Alimony Recapture Rule

Wed, 13 Jun 2012 00:00:00 +0100

By Jennifer M. Paine

Cordell & Cordell Divorce Lawyer

My previous article "What Is The Alimony Recapture Rule?" discussed the three-year alimony tax trap known as the recapture rule.

This rule forces the alimony payer to report as income the alimony payments he previously deducted, which means the payee spouse is entitled to reduce fromRead More...

What Is The Alimony Recapture Rule?

Tue, 12 Jun 2012 00:00:00 +0100

By Jennifer M. Paine

Cordell & Cordell Divorce Lawyer

As if paying alimony weren’t bothersome already, imagine receiving an unfriendly letter from the IRS forcing you into an audit and assessing taxes for three years of income you previously deducted.

This may sound like a tax nightmare – you pay alimony, you deduct it like Read More...

Tax Tips: Claiming Single On Tax Status Before Divorce Is Final

Matt Allen — Fri, 08 Jun 2012 00:00:00 +0100

Question:

My wife and I are in the process of getting a divorce, but her paycheck stub lists her tax filing status as "single" with our child as her dependent.

Can she claim herself as "single" on taxes before our divorce is final?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce Read More...

Tax Tips: My Ex-Wife Is Still Using My Last Name On Her Tax Returns

Matt Allen — Sat, 28 Apr 2012 00:00:00 +0100

Question:

Is it legal for my ex-wife to still file her taxes under my last name?

We have been divorced for several years, yet she continues to use my last name on her tax filings.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Illinois divorce laws whRead More...

Handling Tax Debt If Not Addressed In Divorce Decree

Wed, 25 Apr 2012 00:00:00 +0100

Question:

My ex-husband and I filed a joint tax return in 2010 while still married and we owed a lot of money. We divorced in 2011.

How would we handle the 2010 tax expense debt if it was not addressed in the divorce decree? My ex-husband says I owe him half the debt but I cannot afford it.

Answer:

I am unable to give you legal aRead More...

What Child Tax Breaks Am I Eligible For?

Tue, 17 Apr 2012 00:00:00 +0100

By Tara N. Brewer

Special to DadsDivorce.com

As you scramble to file taxes before the deadline, many divorced dads or separated parents face two questions. Who can claim the dependent/s and what tax breaks can I qualify for?

For tax purposes, children are dependents. The parent raising the dependent the majority of the time is considered the custodRead More...

Tax Tips: Are Property Settlement Payments Tax Deductible?

Matt Allen — Mon, 16 Apr 2012 00:00:00 +0100

Question:

I pay a monthly property settlement to my ex-wife on the equity in our former marital home. This payment is mandated in our marriage separation agreement.

Are these property payments tax deductible?

Answer:

I can only provide general divorce tips for men and recommend that you consult with a mens divorce attorney licensRead More...

If You Owe Child Support, Was Too Much Money Taken Out Of Your Tax Returns?

Matt Allen — Sun, 08 Apr 2012 00:00:00 +0100

Question:

Both my federal tax return and my state tax return were intercepted because I owe child support.

However, I believe the returns took too much of my money as the amount intercepted was more than I owed in arrears.

How can I dispute the amount of child support money taken out of my state and federal tax returns?

Tax Tips: Can I Get A Copy Of My Ex-Wife's Tax Return?

Thu, 05 Apr 2012 00:00:00 +0100

Question:

I am divorced and as part of our decree, I am allowed to claim our children on my taxes.

However, I have to pay my ex-wife the difference between what she gets back and what she would get back if she claimed the kids.

Am I entitled to see a copy of her submitted tax return to verify what I owe her? If not, I am taking her Read More...

Ex-Wife Keeps Claiming Our Child For Taxes Violating The Court Order

Sun, 25 Mar 2012 00:00:00 +0100

Question:

My ex-wife has repeatedly violated our divorce decree by claiming our son when filing taxes, even though we have 50-50 joint custody and the court order allows me to claim our son every year.

This has happened for four years now where she has beat me to the punch and filed first claiming our child.

What can I do so the IRS knowRead More...

Blog entries tagged taxes

What Are The Requirements For Claiming Someone As A Dependent?

Do Tax Refunds Count As Income For Calculating Child Support?

Taxes During Divorce: What You Can and Cannot Deduct

Ex-Wife Violating Tax Filing Clause Of Our Divorce Decree

Dividing Tax Refund Check Received After Divorce

Interpreting Divorce Decree Tax Clauses

Child Tax Credit Interfering With Dependent Care Flexible Spending Account

Tax Tips: What Will Happen If My Ex Violates The Decree And Claims The Dependent Exemption?

Calculate Child Support: Do One-Time Relocation Payments Count As Income?

Structure Of IRA Property Division To Avoid Tax Liability

How To Avoid The Alimony Recapture Rule

What Is The Alimony Recapture Rule?

Tax Tips: Claiming Single On Tax Status Before Divorce Is Final

Tax Tips: My Ex-Wife Is Still Using My Last Name On Her Tax Returns

Handling Tax Debt If Not Addressed In Divorce Decree

What Child Tax Breaks Am I Eligible For?

Tax Tips: Are Property Settlement Payments Tax Deductible?

If You Owe Child Support, Was Too Much Money Taken Out Of Your Tax Returns?

Tax Tips: Can I Get A Copy Of My Ex-Wife's Tax Return?

Ex-Wife Keeps Claiming Our Child For Taxes Violating The Court Order