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 Lane Your Own Question

Lane
Lane, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3718
Experience:  Providing Financial & Tax advice since 1986
Type Your Tax Question Here...
Lane is online now
A new question is answered every 9 seconds

my ex-husband and I were married for 13.5years we have a 15yo

Customer Question

my ex-husband and I were married for 13.5years we have a 15yo & 9yo. I was awarded Primary Physical custody with joint legal custody. My Husband was awarded visitation every other weekend starting on Friday night and ending Monday AM. Also having visitation every night after school Monday - Friday. Our Divorce decree (from the Linn county courthouse in IOwa) states that we are both to each clam 1 dependent) for state and federal. My tax guy told us last year that I would be awarded both dependents due to the children being at my house more than 50% of the time.
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.
Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

Thank you for your question and thanks for using Justanswer.com. If your divorce decree states that you each claim one dependent, that's what you do. Your tax man was correct if no agreement was made.

Your ex can claim the child. He will file form 8332 since the child is not with him full time.

Please let me know if you need anything additional. Thanks again for using justanswer.com

** Please take a moment to rate my response as "Excellent" so that I may be compensated for assisting you today. Please let me know if my assistance was anything less than "OK Service", as I am compensated based on whether or not I have assisted you with your issue. If you need further clarifications, PLEASE WAIT TO RATE MY ANSWER UNTIL AFTER RECEIVING FOLLOW UP FROM ME. If I receive anything less than OK Service, I do not get paid. Thank you for your kind understanding in this matter. If you have difficulties rating, then simply respond stating that you are having difficulties rating and thank me for my excellent, good, or ok service and we can get the rating applied by the site*
You should be aware that your question, as with most tax questions, can never really be answered completely...addressing all the permutations; that is because of the many assumptions that have to be made I have done my best to determine what I think you are asking and answering it in the most direct and understandable manner possible. If, however, after reviewing the questions, you have any uncertainties or further questions, please do not hesitate to ask.

Expert:  Lane replied 1 year ago.

Another expert here.

I have a different answer

A divorce decree cannot override IRS regulations or federal tax law. The parent who meets the requirements stated in the IRS tax regulations is entitled to claim the child as a dependent on his or her tax return. For divorces that took place after 2008, the custodial parent automatically has the right to claim a dependent child on his or her tax return. The custodial parent normally is the parent in whose home the child stayed for most of the year, excluding school and recreational activities. However, even if you are not in violation of federal tax law by claiming your child as a custodial parent, your ex-spouse could still sue you for violating a divorce degree that states that he or she can claim the child during the tax year in question. In worst case scenario, this could result in a contempt of court order.

http://suite101.com/article/does-a-divorce-decree-override-child-exemption-tax-law-a353426#ixzz2H7SGTKG0

Lane, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3718
Experience: Providing Financial & Tax advice since 1986
Lane and 5 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

in other words my ex would have to sign over his right to the dependents deduction.......Federal Law doesn't just trump state law as I was told by my tax man?


 

Expert:  Lane replied 1 year ago.

 

 

Federal Law always trumps state law, when the two are at issue, unless the federal government is infringing on the states general police power.

 

 

And even then, the state would have to take the federal government to court, which would be a constitutional law issue. (This is called federal supremacy)

 

 

You tax person is correct.

 

 

However, there has been a valid divorce decree violation, and unless the state court judge acquiesces (and they usually do) the judge could issue a contempt of court order against you.

 

If he did so, you can either suffer that order (pay the fine is probably as bad as it would get) OR take the state court decision to the federal district court.

 

 

You get the deduction

 

Customer: replied 1 year ago.

your answer got cut off

Expert:  Lane replied 1 year ago.

Sorry here it is again:

Federal Law always trumps state law, when the two are at issue, unless the federal government is infringing on the states general police power.


And even then, the state would have to take the federal government to court, which would be a constitutional law issue. (This is called federal supremacy)


You tax person is correct.


However, there has been a valid divorce decree violation, and unless the state court judge acquiesces (and they usually do) the judge could issue a contempt of court order against you.

If he did so, you can either suffer that order (pay the fine is probably as bad as it would get) OR take the state court decision to the federal district court.


You get the deduction



Hope this helps

Lane

Positive feedback (or an “accept”) is highly appreciated. That’s the only way we’re paid. BUT, if you need CLARIFICATION, COME BACK here. Also, feel free to bookmark this page to come back for reference.

Expert:  Lane replied 1 year ago.
Thank you.

Lane, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3718
Experience: Providing Financial & Tax advice since 1986
Lane and 5 other Tax Specialists are ready to help you
Expert:  Lane replied 1 year ago.


Thanks so much!




To ask for me again, just say … “For NPVAdvisor” … at the beginning of you question OR

Go here: http://www.justanswer.com/profile.aspx?PF=1929974&FID=20

and enter it in the question box

…pleasure working with you!

Lane


Expert:  Megan C replied 1 year ago.
I'm sorry you rated my service as poor. I wish I would have had the opportunity to clarify some things for you.

This very scenario happened to my husband and I. His ex wife claimed their daughter the year we were supposed to claim her. We took her to court, and in the end she had to pay our legal fees plus her legal fees AND she had to amend her return. Could she have gone through a federal court? Maybe...but it would have cost more in legal fees. In the end, saving a few hundred bucks on her tax return ended up costing several thousand dollars.

I was giving you the answer that I believed would end up most favorable in your situation.

I hope this gives some clarification to my answer, and I hope our life experience sheds some light on what you would go through if you tried to fight for the deduction. If you want to claim your child, it would be easier to have your family attorney insist that you get to claim the children on the front end.

Have a happy, and safe, 2013.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.