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.
www.karlgeil.com. 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.
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.
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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