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« How does one begin to become MINDFUL during DIVORCE? | Main  | How long does a CHILD SUPPORT OBLIGATION continue? »
  My ex wife has twice taken the DEPENDENCY EXEMPTION. I am supposed to get alternate years.

Q.  My ex wife, who is getting child support from me, has twice claimed our daughter on our taxes. We are supposed to alternate each year.  I took her back to Court, and the Judge ordered that I get to alternate with her.  She keeps filing.  What can I do?

A.  The cheapist advice I can give you, regarding taxes, is to file first this year - before she does.  The IRS tends to disallow the second filing.

You should file a motion asking the Court order to her to sign IRS Form 8332 relating to dependency exemptions - which is all the protection you would need, if signed, to deal with IRS next time.  Attach this signed form to your tax return and you are good to go!
Finally, you could take her to Court and obtain an order reimbursing the extra taxes you paid.  Prepare your declaration carefully, and include a declaration from your accountant about how the numbers were figured.

There is no form for filing for the Head of Household - you have to separately qualify for that based upon at least 6 month's custodial timeshare during the year.
Categories: Child Support, Tax Issues

Posted By Thurman Arnold on January 20, 2010 07:38 pm | Permalink 
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