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Going through divoce, anyone have some tax advice?

My ex wants to file jointly for last year.... and keep the whole refund. We have only filed two months ago for divorce and there has already been alot of hair pulling about the support for my son and I. I didn't work, Ive been a stayat home mom. Is there anything I can do? I have full custody, can I still file individually and claim my son as a dependant? Thanks for any help, I'm dealing with a guy who has always been shifty financially, I don't want to get screwed. Thanks!

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Asked by babyzionsmama at 12:07 AM on Jan. 22, 2009 in Money & Work

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Answers (4)
  • Yes you can still file individually even though you are married. You do not have to file jointly.

    In your case, it sounds like that is what you should do, and not let him claim your son at all since you are the one with full custody.

    I don't know much about it, but I am pretty sure if he tries to claim your son after you already have, he can get into some major trouble for it.

    Also, i would file ASAP. Like, as soon as you get your paper work. Get it out of the way so that you have already claimed your son and there is nothing he can do about it.

    Answer by CarolynBarnett at 12:10 AM on Jan. 22, 2009

  • Do you have a lawyer? Work with your attorney on this to be sure to take the right steps. If you don't have one, get one!

    Answer by gdiamante at 12:11 AM on Jan. 22, 2009

  • Your in a different situation. If I am following what your saying right he is the only one working and paying taxes out of a paycheck? If that is the case then why would you get to claim your son and what are you filing taxes for? If you work outside of the home then you should consultant an attorney on their thoughts.

    Also once he is paying child support you can not claim your child. Who ever is the parent paying parental support gets to claim the child.

    Really if you don't have an attorney yet you need one. An attorney can answer this question and so many more.


    Answer by Anonymous at 5:55 AM on Jan. 22, 2009

  • Difficult to say. You can file married filing separate since you aren't divorced yet. but you have hubby have to file the same way and only one can get the dependent. If you aren't working, then the dependent may not be worth much to you. But if hubby makes a lot, then the dependant wouldn't be worth much to him. IF you both file claiming the dependent, then the IRS will come after one or both of you for the extra money you got back. Bottom line, you guys need to work it out and make sure you are both on the same page.

    Answer by Anonymous at 8:35 AM on Jan. 22, 2009

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