Join the 9 million people who found a smarter way to get Expert help

Recent family law questions

In my divorce stipulation my ex was able to claim one of my

In my divorce stipulation my ex was able to claim one of my children on his tax returns but he passed away 4/15 and his new wife filed her taxes claiming my child as a dependent she said as per My divorce stipulation. Is she able to claim my child in the name of my ex-husband? It makes no sense to me because child-support was only paid the first four months of the year and I supported her by myself the rest of the year and secondly my ex does not receive any benefit of this to duction the benefit is only going to his new wife who is not mentioned in my divorce papers whatsoever. When I asked the online lawyer the other day he said that the new wife has no rights to anything in the divorce papers but when I spoke to the guardian at Leitem that's representing the children in my exes will that's in court right now he said he was in positive because he is not a divorce lawyer but he did leave that she might have the right to claim my child as a dependent because she filed a joint tax return with my ex-husband. So how can I finally find out is she entitled to claim her or not?

Read more

Alex J. Esq.

Managing Attorney

Doctoral Degree

 
21,206 satisfied customers
Good evening,I am presently involved in a divorce proceeding

Good evening,I am presently involved in a divorce proceeding which has been a prolonged case spanning a number of years out of the Somerset County Family Division Superior Court. At this time, though the defendant has been utilizing any delaying tactic he possibly can, I am hopeful that a court mandated settlement is pending. My concern is that a number of other issues that may influence the settlement have arisen, and my present council has indicated that he is not specialized in those areas and is unable to provide any legal advice.Specifically:1. For the duration of my marriage, my husband filed our taxes as a joint tax return and did so without my involvement. For the past five years, he has failed to file any returns at all, but informed me that I had no reason to file my own taxes as I had no income (except a negligible $200 during one year). I took his advice until this year, where I learned that this is probably inappropriate and I should have been filing to try and minimize my liabilities and be in compliance with tax law. I have filed my 2015 taxes, but do not know if it would be better for me to file the preceding four years as well.* Should I file my taxes immediately for all tax years for which there is no tax return yet filed. In what way is this influenced by his failure to file taxes, by my own delay in filing due to his instructions, and how will this influence the divorce settlement in the eyes of the court?2. I learned a few days ago that the government has placed a tax lien against the house while running a title search. I am not knowledgeable enough to truly understand the implications of this lien, but I believe it would mean that my husband's situation with the government is much more severe than he has indicated up until now. What is my liability for back-taxes both those due to his failure to file, and due to whatever the cause of this lien is. (I expect they are directly related if not the same, but as I have been completely secluded from all of his finances, and as I do not have any knowledge in this area, I can only assume.) He did sign a document indemnifying me from all tax liabilities, but I do not know if this is recognized by the IRS/State, and if he does not have the finances to indemnify me, does it make the agreement a moot point?* How do I successfully protect myself from tax liabilities that I had no role in, was not aware of, and should not be held accountable for. Are my best choices to immediately file my own taxes, pursue relief under the innocent spouse rules, the separation of tax liability, and/or equitable relief if the other avenues are not available.3. At the point that I am filing my own taxes, is it better, with the pending divorce settlement, for me to claim my children as my dependents (which is to my honest belief accurate) whereas I will gain the maximum tax benefit for myself. This may enable me to obtain an Earned Income Credit, though I need to research this further. Even if it does not, it will minimize any tax liability I have. However, if my husband were to claim them (which is mostly likely not appropriate but would need further research) it would decrease his liabilities more than mine and offer a greater financial advantage. However, I will not see any benefit from his decrease in tax liability except through the secondary influence it has on the divorce settlement and related financial agreements.* I believe it is my best interests to focus solely on my own welfare irrespective of the possible mutual benefits as he has demonstrated numerous times that he will take any action possible to minimize his obligations to his children and myself. Unless I can trust the court to mandate a fair settlement accounting for the tax liabilities, and then also trust that his payments under the settlement can be enforced, I see no gain to letting him claim the children.4. At the same time as the tax issues, I received notice that the house is going into foreclosure when I found a notice taped to the front door about a Sheriff's Sale. As the mortgage is in my husband's name only, and all paperwork goes to his residence, and they will not talk to me when I call pertaining to the mortgage, I had no way of being aware of this situation. I have managed to request a delay in the Sheriff's Sale of 2 weeks, with the possibility of a second 2 week postponement, but I need to make decisions rapidly. With the house being a marital asset, and my name having been added to the title for $1 more recently, I am concerned that I will be held equally liable even though I have no legal ability to do anything with the mortgage. The future settlement agreement does stipulate that he will maintain the house until our youngest child turns 18, but it has not been put into place yet and so no agreement exists.* To what extent will I be held liable for the mortgage? What actions can I do to minimize any liability that may exist.

Read more

Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
Several years ago I signed and statement saying that I was

Several years ago I signed and statement saying that I was common law married in order to get my then girlfriend added to my health insurance. It's a policy administered by United Healthcare under the Railroad Employees National Health & Welfare Plan. My girlfriend and I have drifted apart and neither of us want to (or think we need to get divorced). The problem is a representative from the insurance plan administrator is telling us they won't take my girlfriend off the plan without a court document saying we are divorced. All else aside and assuming we continue to go our separate ways without a divorce, can the plan administrator require a court document? I could not find an answer in the insurance plan documents I have read? I appreciate any guidance you can provide.

Read more

N Cal Attorney

Doctoral Degree

 
6,996 satisfied customers
I have been living with a woman as partners, (Romantic), for

I have been living with a woman as partners, (Romantic), for a year. I have known her for 23 years. Her husband died and she called me. We ended up together and she asked me to move in with her . That meant relocating to Aurora from South East Colorado. I Did and we have been living as husband and wife for a year. I had a ruff winter financially and am getting my business going again. She hates that I don't have a 9 to 5 job, really I work more like 8 to 10pm, and has decided I don't work for her now and told me to leave by Friday the 4th. Do I have any legal rights here? Can she just decide it's over and kick me out. I need time to find a place, pack, all my stuff is incorporated with hers in the house. I also run my business out of the house.She owns the property

Read more

Lucy, Esq.

Juris Doctor

 
29,200 satisfied customers
IF YOU'VE BEEN IN A RELATIONSHIP YRS BUT NO MARRIAGE

IF YOU'VE BEEN IN A RELATIONSHIP FOR 30 YRS BUT NO MARRIAGE LICENSE, CAN YOU STILL DIVORCE THEM AND COLLECT HALF LIKE A REAL MARRIAGE

Read more

FamilyAnswer

Juris Doctor

 
28,504 satisfied customers
I have 50/50 physical and legal custody... I have 50/50

I have 50/50 physical and legal custody...I have 50/50 physical and legal custody of my son an got divorced February 2015 in PA (married 4.5 years). I want to understand PA state laws for child support and would like some basic calculations to figure out how much I will have to pay if it comes to that.Can you help answer a few differentsituations to give me an idea of what I am looking at.1. If I make $70,000 before taxes come out a year and my x makes $30,000 before taxes come out a year. How much or about how much will I have to pay a month in child support?2. Same question but If I make $60,000 and x makes $30,000. How much for child support?3. Same question but If I make $50,000 and x makes $30,000. How much for Child support?I am trying to get an idea of what to expect?

Read more

TJ, Esq.

Juris Doctor (JD)

 
10,180 satisfied customers
I believe that my soon-to-be-ex hand set up our home

I believe that my soon-to-be-ex hand set up our home mortgage in something (which can you please tell me what it would be called) to get a REMIC (and what exactly is that) and he has an EIN number that was on a income tax statement form from our Mortgageinterest on the house. 2nd if he did set up a kind of home mortgage trust acct with our home mortgage should I the wife get anything out of it...because he is divorcing me (and he did not tell me that he did it...I found some related paper work that gave menumbers & clues) Me and my little disabled daughter thank you from the bottom of our hearts for any info to help us in understanding this

Read more

mmdesq

Attorney

Doctoral Degree

 
872 satisfied customers
I was told by the judge in IL that an evaluation

Hello, I was told by the judge in IL that an evaluation would be done on my now ex-husband's income every 2 years when we divorced in 2005. He has missed some payments due to not working which I understand but now he has told one of our children that heis going to buy a car for her but his payments since 2013 have been spotty even when he was working for some of 2013, 2014 & 2015. How do I find out if an evaluation has been done? And if not, how can I get one going with out upfront expense that I cannotafford?

Read more

LegalGems

Juris Doctorate

 
12,296 satisfied customers
This Question is Talk. Doug. I am the respondent

This Question is for Law Talk. Hi Doug. I am the respondent in a Fl. divorce, Question. How can I protect my Social Security number so my wife and/ or her atty can't get it. We are almost at the end of discovery thanks ken

Read more

LawTalk

Attorney at Law

Juris Doctor

 
31,072 satisfied customers
View more family law questions

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
    Pay nothing to your Expert if you're not satisfied.

In The News