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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17484
Experience:  B.A.; M.B.A.; J.D.
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I am married but my husband decided to file married but

Customer Question

I am married but my husband decided to file married but separate this year and informed me at noon April 18tj. He claimed both kids and mortgage exceptions. I claimed only kid exception because he wrote me an emai letting me know he would claim the mortgage. So issue is we both claimed the kids (3) as dependents. What do I do now? I earn some 6k more than him.
Submitted: 7 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 7 months ago.
You have two options: (1) You can amend your return and remove the "kid exception" as both of you cannot claim the same kids. (2) In the alternative, since you earn more than him, he can instead amend his own return to remove the kids so that you can claim the kids on your return. That way, you would not have to amend your own return. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 7 months ago.
I do not want to amend my return as only fair that exceptions be spilt. His intent is that he pay less and I pay more. He sis it to hurt me financially. He works at a CPA firm with tons of experts at his back and call. Who gets to keep the Exemption?
Expert:  Phillips Esq. replied 7 months ago.
Hello: Since both of you are still married and there is no Court Order, both of you are equally entitled to claim the kids. However, this would solely depend on who filed the tax return first--more precisely whose tax return is processed first. You would need to wait to be contacted by the taxing authorities. Then you can go from there. Ultimately, one of you will have no choice but to amend his or her tax return depending on the decision of the taxing authorities.