How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lady Themis Your Own Question

Lady Themis
Lady Themis, Internet Researcher
Category: General
Satisfied Customers: 7751
Experience:  Knowledgeable in a broad range of topics
Type Your Question Here...
Lady Themis is online now
A new question is answered every 9 seconds

Im recently divorced, our divorce decree does not specify

Resolved Question:

I'm recently divorced, our divorce decree does not specify who's going to claim our 2 children for tax purposes as dependents. We had discussed with the attorney that my wife was welcome to claim the children going forward. I'm planning to claim the children for 2011, as I supported them and was with them all year. My divorce was finalized Feb 4, 2012. My wife only worked about 5 weeks in 2011, and paid barely $60. in taxes because she claimed 4 dependents at work. Now she's coming at me with this idea that she wants to claim the 2 children and file seperately for 2011. I'm not sure what's legal here, and want to minimize any arguements with the ex-wife. Any SUggestions or insights here?
Submitted: 4 years ago.
Category: General
Expert:  Lady Themis replied 4 years ago.

Thank you for your question.


Preparing the taxes in a number of ways is a good idea, and will allow you to compare which one is more advantageous for both of you. Typically filing jointly is best, XXXXX XXXXX depends on the circumstances. You may even agree between yourselves to file the way that is most advantageous, and then whomever claims the exemptions can pay a portion of that to the other parent.


If you file separately, from the IRS' perspective, it is the parent who had the children the most number of nights during the year that is entitled to claim them. If the children were split equally, the parent with the higher adjusted gross income is generally entitled to claim them. That may help in your negotiations with your wife.


I hope this answers your question. Please let me know if you have any follow-up questions.

Lady Themis and 41 other General Specialists are ready to help you