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Ask the Divorced Woman!
by Maria Costa
Title: Tax Exemptions
Question:
-
After 13 years of marriage, I am in the final stages of getting a
divorce. My
husband and I went to court on January 20th for a divorce settlement
hearing.
We agreed on terms of child custody (all 4 are with me and he gets
reasonable
visitation) and we also agreed to each walk away taking debts in our own
names. The only bill that we shared together was for the house which is
in
foreclosure. The judge demanded that it be sold or lost. Either way
neither
of us are to keep the home. Now that my attorney has drawn up the paper
work
to get the divorce finalized, my husbands attorney has modified some of
the
stipulations in the judgment to state that he is allowed to claim two of
our
children and leaving me to claim the other two. He is only mandated to
pay 32
a week total for all four children's support. What can I say to prove
that it
would be unfair for him to get half the exemptions when he is not
providing
any where near 1/2 of their support? I once told my attorney that I
would not
consent to the exemptions, but I really don't think it matters to him at
all.
Answer:
-
Have you thought of changing lawyers? Yours doesn't sound as if he is
interested or is very good. Nothing states that you have to stay with
the same attorney.
The IRS is very clear in the tax law - who can claim exemptions. Your spouse's $32 a week total (why so low? where was your attorney? or do you make so much money that this is just a formality?) will not give him the right to claim them. BUT, be careful that you keep good and accurate records in case you get audited. Also tell your ex that you will be claiming your 4 children and let the IRS make the decision!
I am with you - I wouldn't agree to this stipulation either.
Pick up my book "When the Vows Break: Living Through Separation & Divorce" it will help you with the above questions plus how to join support groups which you need to do! If you can't find it in your local bookstore call my toll free number 888-267-3929 PIN #7176.
Maria Costa (Author & Seminar Speaker) A well known certified speaker and seminar leader, continues to inspire, motivate and challenge people to push their envelopes farther, both before and after experiencing divorce. A graduate of National-Louis University, with a Masters in Management, Ms. Costa is very active in her community. She is President of the Board of Directors of the Women's Resource Center, Fredericksburg, VA, President of Hispanic Internal Revenue Employees (HIRE), IRS, Washington Chapter and board member of Professional Women's Network. Be sure to visit Maria Costa's web site
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