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Do I have to give my wife (going through a divorce) some of my taxes when I file?

Colorado Springs, CO |

From December to end of July, of 2013, I was deployed to afghan. My wife (soon to be ex) went back to colorado springs in august of 2013 with the kids. When I came back is when I was able to start all the paper work to file for divorce, currently we are still married, so my question is when I file for taxes do I have to give her some money? She has never worked nor has a job, she lives with her parents and only income she gets is the child support I give her. Can her parents claim my kids? My understanding is the parent that spends the most time with the kids gets to claim them, but I was deployed for afghan, is that an exemption? What are my options?

Attorney Answers 3

  1. Whatever tax refund you receive is marital property and subject to division between the two of you in your divorce case.

    No, her parents may not legally claim your children as dependents for income tax purposes.

    No, being deployed overseas is not an exception to the normal rule of who may claim the kids. However, once you file your divorce case, the court has the authority to allocate the right to claim the kids for tax purposes between you and your wife.

    Finally, it may be more advantageous for you and your wife to file a joint return, rather than you filing "married, separate." Look into what makes the most dollars and cents before filing. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

  2. Her parents can't claim your kids for a tax deduction as that would be tax fraud.

    Any tax refund that you get prior to your divorce should be split between you and your wife 50/50.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

  3. If you are still in the military, please spend some time in the base legal office. They should be able to answer your questions. The responses you have received are correct. Funds received during the marriage are marital, subject to equitable division. Good luck to you.

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