Hello,
I separated from my wife on 11 September 2016. Under a "temporary Custody and Child Support Agreement " i have been paying child support for our two children since 15 October. During 2016 I provided more than half of the children’s support. I plan to file 2016 as married filing separately. My wife refuses to sign a “Release of Claim for Exemption… Form” allowing me to claim one of the children as my dependent for 2016.
Do I have any legal recourse or remedy.
Thank you
Candante1
You at entitled to claim a child as your dependent if that child lived primarily with you throughout 2016. If you and your wife had an equal amount of overnights with the children, then the parent with the higher adjusted gross income would be entitled to claim the children as your dependent.
If the child did not live with you for the greater number of nights in 2016, or if you do not have the higher adjusted gross income if the overnights are equal, then you are not entitled to claim a child as a dependent in 2016 unless your wife signs the Release. There is no other recourse.
Note that claiming children as dependents is an issue that is often settled in permanent child support agreement or court order so that there is no discrepancy about claiming children on future years’ tax returns.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.