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.

Related Topics:
2 Lawyer Answers
Douglas A. Ball
Douglas A. Ball
  • 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 agrees with this answer

Matthew M Montoya
Matthew M Montoya
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.