I’ve run into a situation that is a little different, hoping someone can give me some insight.
When filing taxes this year I’ve encountered some difficulty from my wife’s ex. He is attempting to claim one Child stating that he has the right do so simply because he has done so in the past. This year i informed my wife that she doesn’t legally have to allow her ex to claim one child unless a form 8332 has been submitted to the irs realeasing the dependent to the non custodial parent.
So we pursued this as we have the children more than 50% of the year so Her ex has recently retained an attorney and his attorney is telling him that a court order can be put on the case stating that the higher earning parent has rights to claim both children on tax returns. My wife is a waitress and works part time on weekends because she has to take care of the kids all week long, so naturally her ex will be the higher earning parent. BUT when my wife and I file jointly this gives her the higher AGI in the eyes of the IRS correct? Due to the fact that I make more than him.
Federal law trumps , and again federal law says that my wife’s AGI is what my AGI is when filing jointly as we are one taxiable entity.
Again my wife and I have the kids more than 50% of the year and we file jointly giving her the higher AGI. So no matter what the IRS should award us the refund?
Can someone give me any insight into this please? It’s stressing me out because we support these kids the majority of the year.
