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URL:  http://boards.fool.com/hey-tmfexro-thanks-for-the-reply-it-was-a-really-14307735.aspx

Subject:  Re: Need some GOOD tax advice!!! Date:  2/8/2001  11:05 PM
Author:  MorrisBL Number:  46004 of 121222

Hey TMFExRo! Thanks for the reply. It was a really big help and I appreciate the advice from someone other than my lawyer who I don't believe is very educated on this matter (as well as many others and I'm currently looking for new representation but that's another story...)

But to clarify my situation. I am currently still legally married but also legally separated and have been for almost 2 yrs. I'd love to be divorced as you recommended but a combination of poor legal representation coupled with her disability claim - the judge asked that we wait for 6 more months (she has a "temporary totally disabled" doctor slip for that time period) to see if her condition improves or gets better so that he can better determine if awarding permanent alimony is appropriate or not. And, of course she maintains coverage under my health insurance in the meantime. Anyway, that's why I'm still married after 2.5 years.

A little clarification on the house: The house was eventually foreclosed on - Nov 2000. I had a buyer ready for settlement, I get the ex to eventually move out after some two months and lots of legal maneuvering and then she immediately leaves the state for three weeks and doesn't get "Power Of Attorney" arranged, finally comes back and then doesn't show for the closing so... the buyers walked out. I had no other buyers, had been supporting a two income home with one income for well over a year and finally exhausted all my finacial options and had no other choice but to throw my hands up. I just couldn't make the payments any longer - I just couldn'tcontinue to basically support two households (mind you I was working two jobs all this time) So, on about June 15th my daughter and oldest son in college (who had previously lived in the marital home with the ex) moved in with me and have continued to live with me for the remainder of the 2000 tax year. Question? Can I, by law, claim both of the two older children for the year without any approval or aggreement from the ex. Also, what about my youngest who lived with her the entire year? I'm guessing she can claim him if she so chooses even though it will not benifit her in the least and there is nothing legally I can do. Correct? Could I legally claim the yougest as HofH? Does it require her consent.

Based on this new information, does your earlier assesment still hold? I'm mostly concerned about the dates that the kids lived with me vice with her and if that gives me a legal right to claim them without her consent??

Thanks again for your advice, it helped and enlightened me greatly.


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