Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

In my divorce decree there is a provision that whichever parent has the greatest benefit to claiming the children on the taxes should claim them. That parent should then pay the other parent the amount that they would have received had they claimed the children.

In my situation, my ex-wife would have received a larger refund if she claimed them, but she already filed her taxes assuming that I would be claiming them. So when I filed them I got the refund though it is smaller than what she would have gotten if she claimed them.

Now she says she is entitled to that refund. Does she have a case?

Question:

I am currently going through a divorce in which my spouse has terminated her parental rights so the child lives solely with me.

If my spouse is legally no longer the child's mother, can she claim the child for tax purposes even though I'm the custodial parent?

By Andrea Johnson

Attorney, Cordell & Cordell

Many non-custodial parents believe that following a divorce, they are entitled to claim the minor children as their dependent for tax purposes so long as they are paying child support.

That is absolutely not the case. 

Question:

My daughter recently reached the age of emancipation and my child support payments were halted. I was given the tax deduction for my daughter as part of the divorce decree and my ex signed IRS Form 8332 each year, granting me that deduction.

Now that my daughter is emancipated, I assume Form 8332 is no longer applicable, but can I still claim her if her as my dependent?

By Corrine Bylund

When you are divorced, or in the process of divorce, your filing status and your deductions aren’t as sure as death and taxes.

In this article, we'll address the three most common questions facing divorced, or divorcing, couples when it comes to taxes:

• What is my filing status?
• Who gets to claim the children as dependents?
• Is child support tax deductible?