Tax refund

[bep]

We're separated since Nov 1st, he moved out.
I worked about 5 months part time of the year.
He's worked full time all year
Child lives with me.

What do we do about our income tax? Do we file together? Who claims the child? If he gets his w2's before me, can he file and claim our child? Would I not be able to claim him then?

I'm hoping we can work this out and split it but he's looking at buying a house with his girlfriend and I'm afraid he's waiting for the refund to use as a d.p.

[Attorney Howard Iken]

There is no absolute standard here. You have the option of filing together or separate.

The IRS rule is whoever supplies the most support for the child gets the exemption. Or ... however the two of you agree.

You can both claim the child but expect a followup by the IRS.


Attorney Howard Iken

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The Divorce Center
7635 Ashley Park Drive Suite 503K
Orlando, FL 32835
407-901-4507

[bep]

Thanks.

What happens if he files before I get my w2's and claims our son? Can I still claim him?

[Attorney Cheri Hobbs]

As Attorney Iken stated, either one of you may claim your child. If either of you claims the child without the consent of the other parent and there is an issue with the tax return then you will need to ask the Court to determine if there should be an Equitable distribution of the refund. Best bet is to discuss with each other and use a credible tax service if at all possible.

Attorney Cheri Hobbs
The Divorce Center
7635 Ashley Park Drive Suite 503K
Orlando, FL 32835
407-901-4507


Orlando Divorce Attorney

[Attorney Maurine Thomas]

If the other parent claims the child first and then you file with the same social security number your return may be flagged for an audit by the IRS. They will ask you each to submit documentation in these situations and make a determination as to who gets to claim the child.

Attorney Maurine Thomas

The Divorce Center
703 W. Bay Street
Tampa, FL 33606
813-774-4529

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