Legal Question in Family Law in New York
is ex-wife entitled to my tax cut refund
my hysbands ex-wife and him take turns claiming their daughter for our taxes. last year (2002) he claimed her. she states that she is entitled to half of our tax cut check. she will claim her next year and get the same amount. Is he legally responsible for giving her half??
2 Answers from Attorneys
Re: is ex-wife entitled to my tax cut refund
It depends on what is set forth in the settlement agreement.
By the way, it probably is not half of the refund check, it is only half of the credit received for the child.
Mike.
Re: is ex-wife entitled to my tax cut refund
Unless your divorce decree deals with the situation specifically, I believe you have agreed to alternate the refund tax credit. However, I believe the larger issue is the toxic issues that motivate this sort of tit-for-tat, zero sum attitude. Grasping for 100% equality in all things is a losing game. Whatever gains your husbands ex achieves, it will be your daughter who pays. You are welcome to a consultation at my offices for no charge at 42 West 44th st, ny,ny. Please call for an appointment first (646) 591-5786.
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