trip714
recently joined
Reged: 11/29/09
Posts: 13
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ok my wife left back in may 2009 she gave us (me and our two boys) no financial help in 2009, divorce is not final yet ,do I need a court order to allow me to file taxes with out her I want to file head of household and use both of boys as exceptions, or should I allow her to use one child as a exception as she did pay for medical insurance in 2009
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Have you talked to her about it?
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trip714
recently joined
Reged: 11/29/09
Posts: 13
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Sure,
I ask her all the time if she is going to take some financial responsibility for her kids,
of course she wants to file joint look at the tax obligation vs. filing single she makes $60,000 a year
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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If you have no CO...sorry to say, but it's pretty much a race to the finish line at this point. Whoever files first, will get the return.
Do the kids live with you?
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trip714
recently joined
Reged: 11/29/09
Posts: 13
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yes they have lived with me since may 2009 and i payed mortage payment including property tax
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trip714
recently joined
Reged: 11/29/09
Posts: 13
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why you sorry do i need a co
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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I don't believe so - I'd just be sorry if she's already filed  .
Do you have all your documents to file? I'd go ahead and file. Do you have an attorney you can consult with?
They live with you full time, you support them. I see absolutely no reason why you shouldn't claim them.
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Avaya
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Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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Quote:
yes they have lived with me since may 2009 and i payed mortage payment including property tax
Then you need to file and claim the children. Leave her out of it. If she files first and claims them, you file a paper return claiming them and send a letter stating that the children have lived with you all year long (because they did live with you prior to May 2009, right, she just lived there too) and provide school records that show their address as your address.
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Eternity is too long to be wrong.
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trip714
recently joined
Reged: 11/29/09
Posts: 13
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rite irs says i can file hoh and claim both but im wondering if should be a nice guy and let her claim one child.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Read avaya's response - she's correct in the paper filing if it shows she already tried to claim them.
That's nice of you to offer, but honestly, since YOU are the one who provided for the children, she shouldn't make money off of your efforts.
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trip714
recently joined
Reged: 11/29/09
Posts: 13
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i guesss divorice is likr a race fight for the finish ,,maybe nice guys finish last
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Well even if she filed first, if I were you I would mail your taxes in, the IRS will flag you both if you both claimed the children, and you will have to provide documentation showing you had the children all year and you provided for them, not her. And she'll owe the IRS
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karlhungus
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Reged: 10/09/10
Posts: 2
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claim both kids.
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