Breakups & Divorce Support Group

Well, I'm no expert, but unless it is stated in the divorce papers, you are the one that needs to file, and you should get the exemptions. Then he can either pay back the money he got, or go to court and fight for his right (which he has none) to keep the money he got. My advice would be first to call H&R Block (or a similar tax service) and talk to an accountant about it, they will know what questions to ask, what your options are and what the laws in NJ are. Good luck!

Definetly check your divorce pares, I made sure that I would be the one to claim the kids at tax time. I hope my ex remembers that, he makes more money than me and is going to have to end up paying alot. I feel bad about it but the money will be used for the kids and home improvement.

We aren't divorced yet we were in court two weeks ago because he stopped making support payments he was court ordered and he is still late! The lawyers were arguing over who and how their fees would be paid and his lawyer asked the judge for us to take out home equity loan for 20,000 on our home the judge ordered it I'm against it and many people think its crazy including bankers I brought this up with my lawyer which annoyed her she said get the loan or lose an attorney I can't afford a new one. I wanted the tax issue brought up at the hearing but it never made it.. If I file before my spouse will I be the one entitled? He made a BIG mistake in buying a house in a crummy city overpaid has himself in so much debt left his high paying job for a lower one he's a big fool.. Not only damaging himself but also me and his kids. Says he has no money yet is spending like a rich man with his GF!!

Legally, he can claim you unless there is legal documentation seperating the claimants; however, if you are living alone, you can claim head of household regardless of documentation. As far as claiming the kids, if there is nothing legal, then you and him have to discuss who is claming who. Last thing you want is both of you get caught in a tax fraud. One nice thing about this, is have your taxes done somewhere like H&R Block, then if you claim a child their systems flags it and says you cannot claim this person, they have been claimed by someone else. If there is not a divorce decree, make sure you initiate this into it - "if he is not completely current in child support - he cannot claim any dependants. Why? My X has not been current at all and he has been claiming my oldest every year. We contacted the IRS and they are in the process of auditing him - jail time for the deserved! :) Remember though - every case is different - you may want to check with a tax professional or IRS first before you file to amke sure you are in the right.

iam a former IRS agent, and w/ a Nasters in Tax - THE IRS WANTS TO STAY OUT OF DIVORCE mattres,, A comment was in this bolg about jail time - you willfull intent, and a lot of money lost. If you wish - yuo can liest your quest,a d I'll addrerss them, John

I don't think so unless you agree. We had it in our divorce papers who got who. You can file as head of household (I think) but the best thing is to talk to a tax person and get the info. Have you ever been to WomensLaw.org? They might be able to help you. Good Luck