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Recent family law questions

Can I claim my child's custodial parent who does not work and

Can I claim my child's custodial parent who does not work and does not file Federal Income tax as my dependent. I help her financially all year and she receives child support for two of our kids. We are not married. I am separated and stay occasionally with them for more than 6 months a year. I file seperately and Head of Household.

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Asad Rahman

Attorney

J.D.

 
2,270 satisfied customers
I have a question about the DissoMaster calculation for

Hi. I have a question about the DissoMaster calculation for CS/SS. We have 3 kids. Because I make a significantly more amount of money than she does, she is a teacher, she is required to contribute to a pension, etc., we agreed that I would always claim 2 kids and her 1. A CPA ran the numbers and said just her claiming 1 kid, she is still paying minimal taxes. If she claimed 2 kids, her tax savings wouldn't really be that significant. However, with me claiming 2 kids vs 1 kid, it is a HUGE tax difference.What is weird is, the Disso's Guideline calculation of # ***** exemptions I should put on my W4 is way off. If I followed that, I would end up $20k short in taxes each year. And she would end up getting a $5k refund. But, then there is the "Proposed, Tactic 9". When plugging in the # ***** exceptions it shows, it pretty much evens things out.For permanent CS, do judges allow the Tactic 9 calculation? The calculation is more realistic, considering, if we went by "Guideline" I would be paying more CS and $20k in more taxes each year. The "Guideline" calculation seems to artificially increase my monthly take home by a significant amount.

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37,564 satisfied customers
My husband and I divorced last year. In the divorce

My husband and I divorced last year. In the divorce agreement I let him claim my daughter as his dependant even though she lived with me all year. My question concerns head of household on taxes. My ex husband paid the mortgage and utilities on our home from Jan thru May while we were separated but he did not live with us. I paid for the food. I rented my own place after we sold our home and paid the rent, utilities and food from June thru December. I know with divorce I can claim head of household even though he takes the child credit and claims her as a dependant. I meet all the requirements for head of household but he is saying he does too. Does the rent and utilities he paid on our home count for him if he did not live in the house with our child. If he can what would be the deciding factor on who is head of household on taxes?

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LawTalk

Attorney at Law

Juris Doctor

 
31,036 satisfied customers
Not sure if this is a tax question or a family law question,

Not sure if this is a tax question or a family law question, but here goes....I have been divorced for 5 years now. I have a 19 year old daughter who is in college. she lived with me in 2014 but then moved in with her dad last year because I needed to find another home after the sale of the family home in early 2015.Although she is living with him, I have been paying most of her large expenses such as tuition, car and insurance. She works and pays for most of her personal expenses. He has provided a roof and that is probably it.Last year for my 2014 tax returns, I filed as head of household and I claimed her as my dependent.I am now filing my 2015 tax returns and know that I cannot file as head of household but was planning on claiming her as my dependent but I have since discovered that he filed first and has claimed her as HIS dependent.is this right? what can I co about this?Thanks

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,268 satisfied customers
If I file a child support request - am I able to specify

If I file a child support request - am I able to specify that I only want child support for half of my child's school tuition? Or will the Child Support request evaluate all expenses for my child? This is in Contra Costa County in the Bay Area, CA. The child I am asking support for is my teenager who is now 16 years old. Her father has not paid support for years. I would like help with only her tuition expenses at school. Please advise.

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Asad Rahman

Attorney

J.D.

 
2,270 satisfied customers
I have a contract with my wife that says she will put proceeds

I have a contract with my wife that says she will put proceeds off a sale of a non marital property. She tried to sell it far below market severely reducing the proceeds for our 2 kids. I am sending a lot of my money in lawyers to protect my kids interest. Is there ANY legal responsibility or leverage or claim I can use against my wife? She is collecting child support, head of household. etc. Why am I paying to protect my kids? Where is her obligation?

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JD 1992

Juris Doctor

 
33,952 satisfied customers
I am married but my wife has walked out on me. I was

Hi. I am married but my wife has walked out on me. I was hoping to reconcile but so far it is not working. I need to file taxes and she has said she wants to claim our 3 kids. I made a large salary in 2015 and she made very little. I have provided all the support for out home, which is in my name. I pay the mortgage and all the bills. I provide the food, electric and everything. i work a lot in Atlanta but come home a lot of weekends and weeks or months at a time. We were planning to move to Atlanta where the bulk of my work is but since she has left me, we will not be moving. I moved my license to Atlanta last summer so I could work with the union in Atlanta. I have since transferred it back to Jacksonville Fl. My wife and I have always file married, jointly, never separately. Am I in my rights to claim the children on my taxes like I do every year. I have asked her to file joint with me since we are still married, but so far she will not listen. Please help.

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Samuel II

Attorney

Doctoral Degree

 
31,254 satisfied customers
My husband and I are divorcing. How does this affect us when

My husband and I are divorcing. How does this affect us when filing income tax? Do we have to be divorced for all of 2016 before we can both file single?

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Loren

Juris Doctor

 
34,652 satisfied customers
1. My divorce trial was scheduled . Orange

1. My divorce trial was scheduled for tomorrow. Orange County, CA. I am quite poor and was going to have to represent myself. Someone from the court called me on Friday and informed me that the judge was not able to make the trial and that we would haveto reschedule. 2. This is amazing luck for me because I believe I have a case, but I was unable to secure representation. Now that it is likely that the trial will be postponed until January, I am confident that I will be able to get an attorney and give myselfa chance vs. my spouse's attorneys. 3. HOWEVER: The person from the court informed me that the Petitioner's attorney would be making a motion to declare us divorced, and postpone the rest of the judgement until the regular judge returned (for the postponedtrial). The person from the court emphasized that I would not be at any disadvantage, because everything else would be settled later - that "this is just allowing you two to get your status to 'divorced' without having to wait any longer. 4. Our case has stretchedout for almost three years, mostly due to my inability to accept the terrible settlement offers from my spouse. I've never specifically requested a continuance, however, nor have I attempted to derail the process, nor game the system - it's just that we'vehit every bump on the road, every step that one would take in a divorce, plus the multi-week or month interim between steps. 5. RECAP: Spouse's attorneys will be asking the (temporary, and also new to the court, BTW) judge to "declare us divorced" and postponethe details of the judgement until the (postponed) trial. 6. MY NEED: Since I have no attorney, and based on past semi-crafty (to an idiot layperson like me) actions by Petitioner and attorneys, I do NOT want to agree to ANYTHING until I am represented andcan present my entire case, and this includes agreeing to "you are now divorced," because I'm not qualified to know if that would be in the best interest of my young son and myself. 7. The person from the court said that I could object to Petitioner's request,however, I have a need to know the best way to articulate this to the court to improve my chances of "just keeping everything how it is now until the actual trial." Thanks for your insight.

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Samuel II

Attorney

Doctoral Degree

 
31,254 satisfied customers
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