taxes after divorce

[wichitafalls1]

What is the name of your state? tx

i know i might be able to ask this question under family law, but was not sure?

and it might be to soon we have not got our final yet, but i was told if your divorce is final before december you can file seperately?

question: he moved out Febuary 18th 2008, can i claim the kids on my taxes since i have had them all this time. he has got them 3-4 times since that date and i only think it might change by a few days. which means i have them more than 50% of the time?

 

[LdiJ]

What is the name of your state? tx

i know i might be able to ask this question under family law, but was not sure?

and it might be to soon we have not got our final yet, but i was told if your divorce is final before december you can file seperately?

question: he moved out Febuary 18th 2008, can i claim the kids on my taxes since i have had them all this time. he has got them 3-4 times since that date and i only think it might change by a few days. which means i have them more than 50% of the time?

Unless the the judge orders you to sign a form 8332 to allow him to have the exemption every other year, or every year, under the federal tax code the parent with whom the children primarily live, is the parent that gets the tax exemption for the children. However if the judge orders that he gets the exemption every other year, or even every year, without specifically ordering you to sign form 8332, it would probably be in your best interest to do so. The IRS would stick with the tax code, but the state court judge might seriously ding you for not making it possible for dad to get the exemption as per the court orders.

If your divorce is final prior to 12/31/08, then you may NOT file a joint return. You would file as head of household, and he would file as single. If the judge tries to order you to file a joint return for 2008 (or if his attorney tries to get you to agree) then argue vehemently against it, because it would be a violation of the federal tax code.

If your divorce is not final prior to 12/31/08 then you could still file as head of household (assuming that the children live with you primarily all year long) however he would have to file as married filing separately. You could also file together, however since will not have lived together for 10-11 months of the year, that would not be my recommendation.