Legal Question in Family Law in Montana
Who Pays Chids Taxes
I am divorced and my ex has primary joint custody of our children (13 & 19). I have filed & paid the taxes in the past years.
Who is legally obligated to pay...she refuses and I end up flipping the bill.
In addition, the divorce decree states that I can claim the youngest every other year. Is that legal?
Thanks,
Michael
1 Answer from Attorneys
Re: Who Pays Chids Taxes
Michael, my first piece of advice is to speak with the attorney who handled your dissolution. I am limited to general information because I do not know your case or what your court ordered, so THIS IS NOT LEGAL ADVICE.
You said, "I have filed & paid the taxes in the past years. Who is legally obligated to pay...she refuses and I end up flipping the bill."
I presume you mean income tax. When you are no longer married, you cannot file jointly. Unmarried people file separately and pay the taxes due. Your former wife will file and pay her own income taxes.
However, if you mean real property tax, whoever is on the title is responsible to pay the tax. Your Decree of Dissolution might set this out differently, for example, ordering you to pay the tax liability as part of a financial settlement but, generally speaking, the person who owns the property pays the tax.
"the divorce decree states that I can claim the youngest every other year. Is that legal?"
Yes.
If you believe your former wife owes part of those bills and refuses to reimburse you, talk to your attorney about how you might recover your share of the payment.