February 17, 2009 By Paul Wallin

When it comes time to file your taxes just after going through a divorce in California, it is normal to feel a little overwhelmed. With so many options as to how to file taxes after a divorce, it helps to examine all the possibilities and see what best applies to your current situation. To begin with, if you have not obtained a judgment dissolving your marriage before the end of the year, you can file an individual tax return that will categorize you as married but filing separately, or you can file for a joint tax return with your spouse. It varies from person to person which choice offers you the best advantages, which is why you should talk to your accountant in addition to an experienced California divorce lawyer.

If you and your ex-spouse share custody of children and a court order or written agreement has established that spousal support be paid to one parent, then the sum of money paid is considered taxable income to that parent. For tax purposes, the total amount of spousal support payments are deductible from the income of the paying party. It is in your best interest to maintain an updated and full record of all support payments, whether they were made or received. In case a disagreement ever occurs, make sure to keep track of the amount and date of each individual payment in your records and document everything.

Despite the child support paid by the other parent, the custodial parent is usually required for tax purposes to claim all children in his or her custody as dependents. It can be up to the parents to decide who will claim the dependency exemption of the minor children. Once again, this is a matter that your accountant should provide advice on concerning the specific details of your tax returns, along with the advice of a top California divorce attorney.

If you or someone in your extended family is seeking guidance about taxes in relation to their recent divorce, aside from speaking with an accountant, it is of the utmost importance to contact a skilled divorce attorney who can answer your questions immediately. You can call the Family Law Offices of Wallin and Klarich 24 hours a day 7 days a week and we will arrange for the soonest possible time to meet with you for a consultation. We have handled hundreds of divorce cases and have over 30 years of experience.

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