wait till divorce.taxes?

Going back and forth between just wanting to start the process and waiting till the beginning of the year- because of taxes. A little background: I am a stay at home mom/ full time student. I will have sole custody of our two kids once divorce is final. How exactly do taxes work after a divorce? Will it matter if I wait till the beginning of the year? Will it be better for me to wait because I do not have income? Will it actually be more beneficial for me to file now because I will be claiming the kids? Advice please. I would like to cut ties, plus he told me he will not pay child support till court makes him, but, if it is less messy to wait till beginning of next year than perhaps I will.

12 minutes ago - 4 days left to answer.

Additional Details

location: Oregon

P.S. he does not want overnight visits, and he does not want custody. one thing he will grant is sole custody.


We filed 2012, We will have the same address from Jan 1st 2013- Sept 1st 2013. I do have income that I live off, I pay half the bills with scholarship and grant income. I do not doubt that he will argue with the divorce conditions. He does not want to go to court. He does have a lot of issues that would not show him favorable in court. i.e. drug, alcohol.

5 Answers

  • 8 years ago
    Favorite Answer

    You're a stay at home mom without income, therefore there is NO advantage to you to "claim" the kids

    You are NOT supporting them, you have no earned income, you qualify for no tax credits

    Financially as a family, you will get more benefits from being married. . . .whether you are married on last day of year controls filing status, so once divorce is final, you have NO choice

    START divorce process immediately and ask for immediate child support. . . .do NOT have to wait for child support until the divorce is over, and he wants a court order to pay

    Depending on length of marriage (more than 5 years) you could ask for maintenance, that is alimony to get you through school, in addition to grants and loans

    Waiting until next year does nothing to make it less messy

    Permitting him to claim children's dependency exemptions this year (and in future) can be a good bargaining chip, and make it more likely he'll pay his child support. . . . . .as custodial parent, you have to sign the 8332 to give him that right in future. . . . .for this year, he was custodial parent, and unless you contest him for it, he can claim them, but if you contest him, you win, because they resided with you more of the year than with him

    But with no taxable income, you don't even have to file and don't get any benefit from filing and claiming kids

    Source(s): tax pro
  • ?
    Lv 7
    8 years ago

    So just where and with whom will you and your children be living with after the divorce is final and will it be during this 2013 tax year before December 31 2013 the last day of the tax year OK.

    Have all of you been living in the same home since January 1 2013 to the present time July 12 2013?

    And so who is going to be supporting you and your 2 children since you are a stay at home mom and a full time student at this time in your life July 12 2013 OK.

    Have you and he filled out and filed your 2012 1040 federal income tax as MFJ during this 2013 tax filing season YET.

    Hope that you find the above enclosed information useful. 07/12/2013

  • tro
    Lv 7
    8 years ago

    file? for divorce? you can't file your income taxes until next Jan for 2013

    no matter when you file, if you are divorced by Dec. 31, 2013, you file as single

    of course, you don't work and don't have income so it really won't matter anyway

    if and when you do get a job, the rule is the parent with whom the children spend the majority 'nites' with claims them

    he can't just write off his children he is expected to support them, he caused them to be born, he can't forego his responsibility but you will have to go to family court to get any money

    if you are separated by June 30 of any given year and you take the children you can file head of household without being divorced

    but that doesn't seem to be the case and without income there is no point in filing at all--the gov't isn't paying your for your chidren

  • 8 years ago

    1. You cannot file until 2014, no matter what.

    2. With no income, you have nothing to file for, you don't have any way to get a refund having had no income. You don't even file at all with no income.

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  • 8 years ago

    It does not matter for you when the divorce is but it will for him. There will not be any refundable credits for you such as earned income credit because you have no earned income. The only taxable income you seem to have may be part of your school aid.

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