Legal Question in Family Law in California
Tax responsibility for Children's Trust Funds
I have two children, my ex-spouse claims one for tax purposes and I claim the other.
My ex-family has decided to reduce their tax burden by naming my children as part of their family trusts. Unfotunately, I was not notified of this action until April 9, 2000 after I had filed taxes for me and the child that I claim. They hit me with a substantial tax bill and neither the ex-family nor my ex-spouse has reimbursed me for the outstanding amount (including refiling fees for the child's taxes). The ex-family indcates that it's the ex-spouse's responsibility and he's refusing (saying his family should reimbuse me).
Is there a law about this?
I wrote the ex-family a polite letter asking for copies of the trust agreements and associated documentation since as the parent with legal and primary physical custody, I feel legally entitled to retain copies and be informed of the child's trusts, until the age of majority.
Thanks for any help you can provide.
1 Answer from Attorneys
Re: Tax responsibility for Children's Trust Funds
It appears that the children live with you. If this is the case you have a simple option, that does not require an attorney or any costs. That is send a letter to the ex and tell him that if you have not been reimbursed for the extra taxes resulting from the trust, you will rescind his option of claiming one of the children on his tax return, and will then seek reimbursement through the court.