Asked in Divorce and Tax Law for Ohio

Q: My wife went behind me and filed taxes separately and claimed kids. I am primary wage earner is she allowed to do this.

We had extension filed as I changed accountants with my business. She I believe is contemplating divorce and went behind me to do this. As a joint return we would have owed 2k. Without her 5k but she took herself and claimed the kids leaving me owing over 10k.

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2 Lawyer Answers
Douglas A. Ball
Douglas A. Ball
Answered
  • Batavia, OH
  • Licensed in Ohio

A: You should contact an attorney for a consultation as soon as possible. When it comes to the IRS it is always best to seek legal advice. There are many factors that need to be considered and speaking/meeting with an attorney will help you clear up your legal rights.

Robert Mues Esq agrees with this answer

Matthew M Montoya
Matthew M Montoya
Answered
  • Tax Law Lawyer
  • Lone Tree, CO

A: This is a question that has a lot of moving parts that depend on the exact factual situation. You should probably find a Tax Attorney to go over the fine details.

If you want to find out more about your situation, the IRS provides many publications for taxpayers to use, in this case IRS Publication 504. To get a sense of the scope of the problem, generally speaking, in cases involving these types of issues, there are a couple sets of rules that apply. The issue is whether a child is a "qualifying child" to claim as a dependent. In general, where two parties can claim a dependent, and one actually does, the IRS may use "tiebreaker rules" to determine entitlement to the claim.

Again, it would be best to find a professional to guide you through the process.

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