New York Divorce Report - New York's Divorce and Family Law Blog

The deadline for filing tax returns is approaching.   For those going through divorce, questions abound; should I filed as married or single? a joint or separate return? Can I take the children as dependents? Carley F. Mealey, an accountant at the Brisbane Consulting Group prepared an informative newsletter, Tax Tips for the Divorcing Couple, which addresses some of the most common divorce and tax issues. I share some of her insights here: Who can file a joint  tax return? Unless you have been legally separated before December 31, you may still elect to file a joint return. Should I file... More

In order for the non custodial parent to take the dependency deduction, it is essential to file the Form 8332 with the tax return. The Family Law Taxation blog cites a case in which the tax Court announced that this requirement will be strictly applied. In Chamberlain v. Commissioner, the U.S. Tax Court ruled that the former husband (taxpayer) was not entitled to the dependent deduction for one of his children because he didn't attach a valid IRS Form 8332 (Release of Claim to Exemption for Child of Divorced or Separated Parents) to his 2003 Federal tax return (the child... More