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Jonathan Tierney
Jonathan Tierney, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 322
Experience:  Tax Accountant at Praxair, Inc.
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Me and my wife were married in MS 7/7/07, divorced in TX

Customer Question

Me and my wife were married in MS 7/7/07, divorced in TX 6/26/15. I supported my family til then and now pay child support. She moved to CA, I stayed in TX. My deductions on my checks were Married and 1, Now Single and 0. What is the best for both of us at the end of the year to file? I think we should file jointly and share the child. She doesn't think we can do this and wants to keep my son as a dependent. What's best?
Submitted: 1 year ago.
Category: Tax
Expert:  Jonathan Tierney replied 1 year ago.

Hi, my name is ***** ***** my goal here is to answer your question as completely and accurately as possible.

If you are not married on the last day of the last day of the tax year, you are not considered to be married at all. As long as you have a final divorce decree, you are not married for tax purposes for that tax year.. The parent with custody of the child may be able to file as head of household.

In addition, personal. exemptions may not be divided at all. The parent that has custody of the child is usually the that gets the exemption, even if the parent paying child support provides most of the support. As part of a divorce agreement, parents sometimes make an agreement to allow the noncustodial parent to claim the exemption. However, the noncustodial parent must sign an IRS tax form releasing his or her right to the exemption. I have seen some parent's alternate between years which parent claims the exemption.

I hope this answers your question. Please let me know if I can clarify anything or answer any additional questions. Thanks, Jonathan