Thanks for any advice you can give me, this might be confusing. my ex wife and I were together for 8 years then we got married in dec of 2012, we have 2 kids together
In 2013 my now ex wife claimed both kids. leaving me with around $5000 of tax debt. I want to amend my return and dispute her filling status. ==========>it depends; You can amend a MFJ return to a MFS return and vice versa. Once you have filed your tax return as MFJ, you CANNOT amend your filing status after the April 15th of 2014 for 2013 , apr 15th of 2015 for 2014 , or apr 15th of 2016 for 2015 deadline. Any change to filing status has to be done before the deadline.However, once you filed your returns as MFJ, then, you can amend a MFJ return to a MFS return if done so before the original filing deadline (by Apr 15 th of 1024 for 2013 return, Apr 15th of 2015 for 2014, and Apr 15th of 2016 for 2015 return or etc.)without extension.
We lived together for all of 2012 . I made 2 -3 times as much money as she did.
We Separated in September 30th of 2014 . Nothing was filed in the courts until December 2014. Again she claimed both kids my tax return was rejected.
she had custody of the kids from the time of filling or separation
I want to dispute her filing status for this year as well. my return was rejected
now for 2015 she did the same thing claimed both kids.
in my divorce decree it states.========> In general, whoever had them the most nights during the year is considered the custodial parent and has the right to claim them on his/her return, but that parent can sign over the exemptions to the other parent , but not to anyone else, if they want to by giving them a signed form 8332. If you do not file a joint return with your ex, then only one of you can take the exemption. When both parents claim the exemption, the IRS will usually allow the exemption for the parent that the children lived with the most during the year.
In the 2015 tax season the husband shall be entitled to claim one child as an exemption. Am i allowed to claim the kids as if they lived with me for the entire year?
======>>No; there is one exception to the residence requirement that allows the non-custodial parent to claim a child as a dependent. You, as the non-custodial parent, can take the exemption if the custodial parent agrees not to on her own tax return. However, you must obtain a signed IRS Form 8332 or similar written document from the custodial parent allowing you to do so. Parents who have joint custody may also use this form to alternate the tax years in which each can claim the exemption.