Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I claimed both children on my taxes in MA because both children

ended up living with me...
I claimed both children on my taxes in MA because both children ended up living with me most of the time last year due to his (their father) living arrangements. We are supposed to have a 50/50 shared custody as per our divorce papers. He is saying I broke the law because in our divorce papers he is to claim one child and I the other. Have I broken the law?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 hours by:
3/30/2013
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in Family law matters.
Verified
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. That being said...

I am working on your answer and will be with you as soon as it is finished. Feel free to go about your morning - you should get an email when my answer is posted.

Thanks!
Alexia Esq.
Ask Your Own Family Law Question
Good morning, and thank you. With regard to your post:

I claimed both children on my taxes in MA because both children ended up living with me most of the time last year due to his (their father) living arrangements. We are supposed to have a 50/50 shared custody as per our divorce papers. He is saying I broke the law because in our divorce papers he is to claim one child OK, I presume you are saying that in addition to the decree saying it is 50/50 time/custody, it is also expressly giving him the claim, right?...

 

and I the other. Have I broken the law? No, not exactly. There are really two "laws" here, one being a court order, the other being the IRS rule. The IRS rule goes by who is actually having the custody, which sounds like you. It used to abide by the decree, but no longer.


"For all divorces final after December 31, 2008, the IRS is no longer accepting a copy of a divorce decree to show who has the right to claim the dependency exemption. You must file Form 8332 or a substantially similar statement with the return or, if you file electronically, with Form 8453." Thus, you, having the child more, are the only one permitted to claim him/her, UNLESS you executed an 8332 giving the other parent that right. http://www.eitc.irs.gov/rptoolkit/faqs/divorced/

"Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.
If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year.
A child is treated as living with a parent for a night if the child sleeps:
At that parent's home, whether or not the parent is present, or
In the company of the parent, when the child does not sleep at a parent's home (for example, the parent and child are on vacation
together)." See page 13.

Now, you have gone against the Decree/Order, as has your Ex (since he hasn't kept the child pursuant to that arrangment). Technically, you should have motioned the court to change that provision, and put the current parenting situation as an official Order. However, I can't see your Ex gaining anything by making a stink. First, you were not wilfully violating by taking the claim - you were following IRS rules that disallowed your ex to take the claim under these circumstances. If your ex were to file a motion asking the Court to make you pay him the amount he lost by not taking it - I can not see a court granting that motion considering he really forwent the custody he was supposed to have (unless it was your doing that made him not have the 50/50 which I doubt).

I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



-------



I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq." Or bookmark this page, and go to: http://www.justanswer.com/law/expert-AlexiaEsq/



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in Family law matters.
Verified
AlexiaEsq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thank you so much Alexia. This is very helpful and thank you for clarifying/distinguishing the law and the Tax laws as well as the definition of child custody relating to time slept over at the house. I had suggested we go to court to clarify all the confusions but he refused. But I really didn't want to have done something I was not legally entitled to and this has settled my mind - I have done nothing wrong here:) Thank you so much and going forward I will file the form 8332 (I was not aware of this document) - again, very helpful to know.


Trish

You are welcome. Remember, the 8332 is only if you ARE going to give him the claim for the kids, not if you are taking it for yourself.

Have a great weekend!
Ask Your Own Family Law Question
Ask AlexiaEsq. Your Own Question
AlexiaEsq.
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,580
13,580 Satisfied Customers
Experience: 19+ Years of Legal Practice in Family law matters.

AlexiaEsq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
How can ex wife who is custodial parent through joint
How can ex wife who is custodial parent through joint custody file for taxes on our son when she doesn't work, no disability checks and remarried? … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
If a custodial parent with joint custody moves and leaves
If a custodial parent with joint custody moves and leaves the child with her parents (the child sees this parent once...maybe twice in a 2 week period), can that be considered abandonment? This has be… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,266 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Non-custodial parent is claiming financial hardship to
Non-custodial parent is claiming financial hardship to intentionally avoid helping to support our child.I am wondering what is the detailed explanation/criteria of what counts as "contempt".… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Husband and I are separated filing for divorce after first
Husband and I are separated filing for divorce after first of year. I hear that I can not lock him out as house is not mine yet. Even through we are joint owners of house does he still have the right … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Non-custodial parent slept with a woman outside of his
Non-custodial parent slept with a woman outside of his marriage and created a child with mistress. As a result he ended up getting a divorce. He now claims that due to the divorce tying up his money -… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
This is a family law question. My wife has filed for divorce
This is a family law question. My wife has filed for divorce and we have been married for more than 20 years. However, for the last 7 years, she has forced me to live in the basement and alienated my … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
If non-custodial parent lives in another state (and has a
If non-custodial parent lives in another state (and has a lawyer there for a separate lawsuit), can my attorney here in my state contact his out-of-state lawyer regarding discoveries for the lawsuit I… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I have a family law question, child custody... Florida. I
I have a family law question, child custody... JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Have you talked to a lawyer yet? Customer… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Family Law/Divorce/Separation: I live in Pennsylvania. My
Family Law/Divorce/Separation: I live in Pennsylvania. My wife of 28 years has moved out complete about 3 1/2 months ago. She has moved out on about 3 other occasions stating various reasons such as I… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
I am middle of divorce and my family law attorney said there
I am middle of divorce and my family law attorney said there is nothing much we can do anymore about property issues for companies in family court. I am looking for the way to make a claim in civil co… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Family Law Questions regarding divorce/name change/adoption,
Family Law Questions regarding divorce/name change/adoption … read more
socrateaser
socrateaser
1,031 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
I have questions regarding family law and child custody.
i have questions regarding family law and child custody. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Custody parent loses driver license can non custody parent
custody parent loses driver license can non custody parent get or file for custody … read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x