OT: Need some legal/tax advice
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OT: Need some legal/tax advice
I'm trying to help out a friend who's going through a really messy separation. I don't know how else to help him but get more advice.
Anyways, my friend and his ex are in the middle of separating but there isn't any legal documentation (yet). He pays all the bills and expenses for their 3 month old daughter. Well, they both mutually & verbally agreed that he would claim their daughter on his taxes (married filing separately) considering he's paid and still pays for the baby's expenses. But his ex, with the advice of her "tax consultant" states that she SHOULD claim the baby because "she's the mom." So now, she went behind his back and claimed the baby on HER taxes already.
From my understanding of the tax laws, she shouldn't be able to claim the baby because she didn't pay for her expenses. I know that if she got audited, she wouldn't be able to furnish any receipts for her claims.
What can he do? Any suggestions or advice is greatly appreciated. Also, if you are (or know of) a good lawyer or tax consultant (and taking new clients), please let me know.
Thanks in advance.
Anyways, my friend and his ex are in the middle of separating but there isn't any legal documentation (yet). He pays all the bills and expenses for their 3 month old daughter. Well, they both mutually & verbally agreed that he would claim their daughter on his taxes (married filing separately) considering he's paid and still pays for the baby's expenses. But his ex, with the advice of her "tax consultant" states that she SHOULD claim the baby because "she's the mom." So now, she went behind his back and claimed the baby on HER taxes already.
From my understanding of the tax laws, she shouldn't be able to claim the baby because she didn't pay for her expenses. I know that if she got audited, she wouldn't be able to furnish any receipts for her claims.
What can he do? Any suggestions or advice is greatly appreciated. Also, if you are (or know of) a good lawyer or tax consultant (and taking new clients), please let me know.
Thanks in advance.
Last edited by mrs.redrex; Jan 25, 2004 at 06:05 PM.
BanHammer™
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I would say have him claim the child as well. when and if the IRS does catch one or both of them, and audits the accounts, make sure he can show proof that he is paying for the child.
they might get lucky and both can claim the child if the IRS does not catch it, but more then likely they will
they might get lucky and both can claim the child if the IRS does not catch it, but more then likely they will
Dahveed aka Robin Hood
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ugh.
this sounds ugly.
the worst thing a guy can do is have children with a gal that they're not married to, because it makes issues like this complicated, and limits rights.
I'm not trying to make fun of children born out of wedlock, or people that have children out of wedlock, but legally its a very bad thing.
Who takes care of the baby, as in, who does the baby live with?
and verbal contracts are hard to enforce...
This is a matter for an Attorney, not a CPA.
My GF used this Atty, an excellent Certified Family Law Specialist, when she had to deal with her ex-husband again a few months ago:
Michael W. Carter
15 Altarinda Road, Suite 106
Orinda, CA 94563
925-254-1383
this sounds ugly.
the worst thing a guy can do is have children with a gal that they're not married to, because it makes issues like this complicated, and limits rights.
I'm not trying to make fun of children born out of wedlock, or people that have children out of wedlock, but legally its a very bad thing.
Who takes care of the baby, as in, who does the baby live with?
and verbal contracts are hard to enforce...
This is a matter for an Attorney, not a CPA.
My GF used this Atty, an excellent Certified Family Law Specialist, when she had to deal with her ex-husband again a few months ago:
Michael W. Carter
15 Altarinda Road, Suite 106
Orinda, CA 94563
925-254-1383
Last edited by Group B; Jan 25, 2004 at 06:58 PM.
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