My spouse I’ve been separated from for 3 years has been claiming myself and both of my sons on taxes, but we haven’t lived together for 3 years and in fact he locked me out of the marital home and moved in his affair and her children .
Yet I am still being claimed as a dependent for subsistence allowance and pension &disablity as his dependent spouse?
We have one child together and my other son is from a previous marriage.
So claiming that we are his dependents for 3 years after throwing me on the street for taxes and va benefits, meanwhile he didn’t give me a penny or allow me to retrieve my belongings...
How is this legal?
Isn’t it fraud ?
I can’t afford an attorney and the divorce is coming in a month or so?
Have you seen his tax returns? How do you know that he has claimed you and your sons as dependents on his tax return?
With regard to your son, you should speak to your divorce attorney to see what was agreed to in the divorce about claiming dependents. If you are the custodial parent, generally you are entitled to the exemption. However, are you contributing more 50% of the support for the child? If you are not working and have no income for practical purposes how would the dependent exemption help you?
The information provided by the Law Office of Magda Abdo-Gomez on this web site is intended solely for informational purposes. Any information on this site is general in nature, and since the law is always evolving, may not reflect current legal developments or the current state of the law on the particular topic. None of the information provided on this website should be considered professional legal advice nor should it be relied or acted upon in any way without consulting qualified legal counsel. Neither transmission, nor receipt, nor use of the information on this site constitutes or creates an attorney-client relationship, nor is the information provided on this site an invitation to form an attorney-client relationship. The Law Office of Magda Abdo-Gomez encourages you to contact the office if you require legal counsel, however, none of the information you communicate to us by e-mail or in any other manner will be assured of confidential treatment until the Law Office of Magda Abdo Gomez acknowledges and agrees that an attorney-client relationship has been created. In fact, until such a relationship is established, we will assume that any information you send us is not confidential and that we may represent parties with interests which may be adverse to yours. Magda Abdo-Gomez is licensed only in the state of Florida. However, bankruptcy and tax laws are federal in nature.
This is not really a tax law question. I am changing the category of your question 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.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline