My divorce is finalized in march on my MSA it stated we file taxs jointly for 2018. But it also says i am able to claim our 4 kids. So does that mean i wouldn't have to give him the EIC or child tax? The refund has been filed and will be sent to my bank account. He is awear of all of this. But i dont feel hes entilted to any the child credits beacuse i have supported them all year? So i guess what im really trying to ask is will i get in trouble in anyway to take the redund?
This is not really a tax law question. I am changing the category to "Divorce & Separation" so you will get more responses.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
Generally speaking the answer is YES. A refund is treated like any other marital assets and is divided equally. There are some exceptions but they are rare. for example if a spouse has been out of the house for several months and not contributed to any of the household bills or has not paid child support then a judge may award the entire refund to the spouse that has been paying the so called TAB!
Read your agreement carefully and consult with the attorney who assisted in drafting and or negotiating it. Elements like child support may be considered in the agreement that support the consideration specified in the agreement regarding the shared liability/division of tax responsibilities and/or refunds.
If you find this information HELPFUL, feel free to click on the "Helpful" button. This observation is provided without warranty nor guarantee and for entertainment and informational purposes only. This answer is not legal advice. Not to be used as infant formula. No attorney client relationship is established as a result of these communications. The best legal advice you can get is to consult with an attorney licensed in your state or territory.
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