• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Who gets to claim the children on taxes?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

m2u

Guest
What is the name of your state? IN

This divorce is not final, but close.

The mom was/is a full-time stay-at-home-Mom by mutual agreement of Mom & Dad prior to their seeking a divorce. She gave up a career, has the capacity to earn a living, and is educated so finding a job should not be a problem. Bottom line is that she does not work right now.

Soon to be EX-husband has been the primary bread-winner during the past few years of the marriage. He wants the right to claim both children (there are only 2) on future taxes period until they reach 18. His attorney says this is fair since the Mom does not work and contributes no financial support to the children.

What does IN law say because I have been unable to find the answer and the Mom is without an attorney right now. She will undoubtedly be looking for a job soon since child support is not enough to survive on.

Should Mom hold out to claim one of the children or does the law say she does not have a right to claim one of the children?

And this does not even include their disagreement over the recently delivered tax refund check for future 2003 child tax credit.

:rolleyes:
 


ellencee

Senior Member
Greed is such an ugly trait.

Hopefully a reputable attorney will represent the mother and she will receive alimony (spousal support) and significant child support and other assets like the house and a vehicle, full custody, and each former spouse can split the deductions with each claiming one child.
 
M

m2u

Guest
The Mom lost her attorney because she could not pay his fees (he knew she did not work when he took her case) even though the husband was ordered to pay the first $1,000. Once that was used up, the attorney bailed on her. She did find another attorney that would be great if she could only come up with $3,000 cash up front.

She was told spousal maintenance was not an option since she holds a Master's degree and is able to find work. But her STBEX did consider requesting for repayment of her graduate work even though her former employer paid for it.

He did sue her for custody and she was favored by the evaluator, but he did still recommend joint with her being the primary.

She has already willingly moved out of the marital residence, which was best for the kids (better schools and already planned prior to divorce). But now the STBEX does not want to give her any of the equity.

Sigh....
 

ellencee

Senior Member
Mom can not afford to NOT have an attorney. So she has a Master's Degree; she did not use it in her role as stay at home mom and wife.

Someone with a Master's Degree should have enough sense to find an attorney, a good attorney, who will represent her to make sure that she gets a fair settlement of the assets from the marriage. The attorney can be paid out of her share of the assets, if the attorney is willing to do so. The marital home should be sold, or refinanced in the husband's name, with at least 1/2 of the equity going to the mother. She should seek half of all of the assets.

Further, she should seek spousal support and child support.

Have you read the latest monetary value of a stay-at-home mom? If not, do a search on news items. It was in this past week's news. Her 'income' from being a stay at home mom will far outweigh his. She was not a free-loader. Being a stay at home parent is the most important 'job' in the world and divorce should not deprive the children of being able to stay at home with their mother.

Mom deserves better than what I am reading here. Without an attorney, Mom is going to lose out on a lot of assets that are rightly hers. She needs to aggressively search for an attorney.

EC
 

VeronicaGia

Senior Member
If he is the custodial parent on the court documents, he will be able to claim the children. If she is the custodial parent, she can claim them or sign IRS form 8772 to relenquish the deduction to him.

Go to the IRS website, read Publication 501 regarding who gets to claim the children. The rules are different if the parents were married (as is the case) versus never married. Be careful not to confuse the two.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top