
superdad438
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Reged: 04/01/10
Posts: 11
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Options to change taxes in mid divorce
04/01/10 02:41 PM
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I am in the process of getting divorced in Utah and in our mediation we agreed to and signed that we would file jointly. A few weeks later she went ahead and filed married filing separately for many reasons, but it ended up getting her a return she assumed was more than she would have gotten otherwise. She claimed 2 for dependency and listed all 4 so she could get the EIC for 3. Her income was less than $6000 so claiming the 2nd got zero benefit to her and removed my ability to claim the 3rd costing me $1250 less on my return. She gained $200 benefit for claiming the 1st child costing me $1250 again for a total difference of $2300 even if she would have just agreed to file separately like she wanted and claim 0 children so we could then split the $2300 difference I would have gotten from claiming them. I believe she could still amend her return and I could amend mine to make this change, but now H&R block is reluctant to push it as it would throw up a red flag for changing the children around for tax purposes yet it says in the Utah state legal documents that the part of the calculations they use to decide who gets to claim them officially is on who would get the financial benefit for claiming them. If there is no benefit, that parent will not claim them at all. How do I convince her to amend our returns so she can get free money when she's completely illogical?
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