Separation/Divorce and Income Tax

[RCiancia]

What is the name of your state? New York

I was separated on April 11th, 2003, and retained a lawyer. At work, I was claiming 6 exemptions, as I have 3 kids. My lawyer never told me that I should change my exemptions.
My Ex is telling me that she is entitled to claim the kids on her taxes and I am not. I have paid EVERY and ALL Bills since day one, my EX does not pay any bills, as her income is small. I was expecting to claim them and now I cant, so I will get stuck paying almost 6K.

Does anyone know if I indeed cannot claim them ?? PLEASE HELP

My last resort is begging her to file jointly with me, which she wont..

[stealth2]

For starters - where are the kids living?

[RCiancia]

Sorry I left that out.. They are and have been living with her , in the marital residence since I left on April 11th, 2003.


I appreciate your help

[stealth2]

Thinking further on it..... you really may want to speak with an accountant or at least check the IRS site ([url]www.irs.gov,[/url] I think). Y'all will still need to file married. I think she's right that she claims the kids, but not certain enough to say so for sure.

[RCiancia]

Thank you, I called the IRS and they said she gets the kids as deductions, as they lived with her for a least 6 months. The IRS bases filing status on how you ended up on the last day of the year....

To all you NEWLY separated folks who do not have custody of your kids.... CHANGE YOUR EXEMPTIONS IMMEDIATLY. or you will get screwed like me...


Thanks Stealth !!!!!
Appreciate it

[stealth2]

Sorry, dude. I was afraid of that, but wasn't sure how it worked if y'all were still married....

Do you mean changing your exemptions on your w-4 form?
Thx

[RCiancia]

Yes, on your paycheck. If your kids live with their mother for more than 6 months of the year , she gets to claim them as exemptions, the man doesnt. This is a prpblem if you leave your exemptions on your w4, because you wont be able to claim the kids, and will get zonked during tax time. Ask your lawyer, but you have to adjust this.. I didnt, and now I have to beg my ex to file jointly with me.. or I am a dead duck.

I will do that on monday morning!
I do think I have a strange situation though( doesn't everyone)
I have been paying "Un-allocated Family support" which I can claim as a deduction and she has to claim as income. So who gets to claim the kids?

[djohnson]

Har,

You should probably post this on your own thread or start one if it is going to be a completely different topic instead of highjacking someone else's. You probably aren't going to get much of a response this way.

Secondly, do either of you have any arrangement for this in your divorce decree or separation order.

Some parents have it set up to swap every other year. It may be something worth looking into.