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11-01-2009, 10:40 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 1
| | | undergraduate daughter got married, getting dissolution, what next?
What is the name of your state (only U.S. law)? California
My daughter (an 18 year old undergraduate) informed me last week she got married. She is filing a summary dissolution this week (they both realized how stupid it was) but now I am left with a few questions as the mom who claims her on taxes and fills out her FASFA... Can I still claim her on my taxes next year if I wait to file after her dissolution is finalized or can I still go ahead and claim her as a dependent before it is finalized? I'm also really worried about her student aid, but if I can wait and file my taxes when she is not married, and the dissolution makes it like it never occurred in the first place, then I am guessing she won't lose her dependent status...but I'm still terrified that this will seriously harm her educational funding. Any ideas?  I mean, do I need a tax attorney or do I need a family attorney?What is the name of your state (only U.S. law)? |
11-01-2009, 10:58 PM
| | Member | | Join Date: Jul 2009 Location: Smallville MN
Posts: 489
| | Quote:
Originally Posted by AmericanWoman71  What is the name of your state (only U.S. law)? California
My daughter (an 18 year old undergraduate) informed me last week she got married. She is filing a summary dissolution this week (they both realized how stupid it was) but now I am left with a few questions as the mom who claims her on taxes and fills out her FASFA... Can I still claim her on my taxes next year if I wait to file after her dissolution is finalized or can I still go ahead and claim her as a dependent before it is finalized? I'm also really worried about her student aid, but if I can wait and file my taxes when she is not married, and the dissolution makes it like it never occurred in the first place, then I am guessing she won't lose her dependent status...but I'm still terrified that this will seriously harm her educational funding. Any ideas? I mean, do I need a tax attorney or do I need a family attorney?What is the name of your state (only U.S. law)? | gonna leave this hot mess to Ld....she's our resident expert on tax law (and other subjects) 
__________________ Its just how I roll  I'm a Mom, what's YOUR superpower? I know there's STUPID in there somewhere, will ya let me know when it starts showing up on my forehead? Stand up and take accountability and ownership for your own actions.  |
11-01-2009, 11:47 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by AmericanWoman71 What is the name of your state (only U.S. law)? California
My daughter (an 18 year old undergraduate) informed me last week she got married. She is filing a summary dissolution this week (they both realized how stupid it was) but now I am left with a few questions as the mom who claims her on taxes and fills out her FASFA... Can I still claim her on my taxes next year if I wait to file after her dissolution is finalized or can I still go ahead and claim her as a dependent before it is finalized? I'm also really worried about her student aid, but if I can wait and file my taxes when she is not married, and the dissolution makes it like it never occurred in the first place, then I am guessing she won't lose her dependent status...but I'm still terrified that this will seriously harm her educational funding. Any ideas? I mean, do I need a tax attorney or do I need a family attorney?What is the name of your state (only U.S. law)? | Dissolution=Divorce. It doesn't "make it like it never happened"
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11-02-2009, 07:41 AM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,823
| | Quote:
Originally Posted by AmericanWoman71 What is the name of your state (only U.S. law)? California
My daughter (an 18 year old undergraduate) informed me last week she got married. She is filing a summary dissolution this week (they both realized how stupid it was) but now I am left with a few questions as the mom who claims her on taxes and fills out her FASFA... Can I still claim her on my taxes next year if I wait to file after her dissolution is finalized or can I still go ahead and claim her as a dependent before it is finalized? I'm also really worried about her student aid, but if I can wait and file my taxes when she is not married, and the dissolution makes it like it never occurred in the first place, then I am guessing she won't lose her dependent status...but I'm still terrified that this will seriously harm her educational funding. Any ideas? I mean, do I need a tax attorney or do I need a family attorney?What is the name of your state (only U.S. law)? | LD can answer the tax issues however I will state this -- if she is not officially FINALLY divorced by December 31, she will be considered married for the year and you will not be able to claim her as a single dependent because she is married. YOU do NOT need a family attorney.
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11-02-2009, 07:46 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,458
| | Quote:
Originally Posted by AmericanWoman71 What is the name of your state (only U.S. law)? California
My daughter (an 18 year old undergraduate) informed me last week she got married. She is filing a summary dissolution this week (they both realized how stupid it was) but now I am left with a few questions as the mom who claims her on taxes and fills out her FASFA... Can I still claim her on my taxes next year if I wait to file after her dissolution is finalized or can I still go ahead and claim her as a dependent before it is finalized? I'm also really worried about her student aid, but if I can wait and file my taxes when she is not married, and the dissolution makes it like it never occurred in the first place, then I am guessing she won't lose her dependent status...but I'm still terrified that this will seriously harm her educational funding. Any ideas? I mean, do I need a tax attorney or do I need a family attorney?What is the name of your state (only U.S. law)? | You are ok on the taxes as long as she does not file a joint return with her soon to be ex husband. You don't have to wait to file your tax return. You are allowed to claim a married child as your dependent in circumstances like this one. If they stayed married, and her husband earned enough to actually have any tax liability, and they filed a joint return, you would not be able to claim her.
I am not sure however, about her financial aid. I know that marriage emancipates her from needing your participation in the FASFA process, and switches it to needing her husband's participation instead, but I don't know if getting immediately divorced leaves her emancipated from needing your participation or if it puts her back to needing your participation.
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11-02-2009, 06:04 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 8
| | Hi,
Just consult with some good divorce lawyer,he/she will concludes with a good solution for you.
I can' suggest anything about your issues between your daughter and her ex husband. 
Thanks. |
11-02-2009, 06:58 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,458
| | Quote:
Originally Posted by Ohiogal LD can answer the tax issues however I will state this -- if she is not officially FINALLY divorced by December 31, she will be considered married for the year and you will not be able to claim her as a single dependent because she is married. YOU do NOT need a family attorney. | Sorry, but that is not correct. A married child can be claimed as an exemption/dependent as long as the other normal tests are met, and as long as they do not file a joint return with their spouse, unless its a joint return only to receive their withholding back.
Its not an issue that arises very often, so its not well known.
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