Q: If there is only a temporary court order for visitation and we have not been to court for final orders can she file tax
We are not married but have a final disposition the end of March. Can she file taxes without the final disposition?
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- Colorado
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A: Without a court order in place allocating the dependency exemption, if the child resides primarily with her or she had the child the majority of the time for 2017, IRS Code would say she gets to claim the child. If you all shared equal time you could consider filing a forthwith motion with the court. Keep in mind that if she takes 2017, and depending on the circumstances, you may be able to claim 2018. That being said, with tax code changes you may not. You should consult with a family law attorney and, perhaps, a CPA.
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