How to File for a Divorce When Your Spouse is Missing or Cannot Be Found

When a relationship goes sour, sometimes a wife or husband may leave the marital home without telling the other where they are going. Without knowing where your spouse is, you may think that it is impossible to go forward with getting a legal separation or a divorce. However, with a little knowledge about how the court system works in a situation such as this, you may be able to get a divorce by default judgment by taking the proper steps in making an honest effort to attempt to find your ex.

• Check cell phone records if they are available. If your spouse is still on your cellular phone plan, check to see where phone calls are being made to determine their possible location. If they are making phone calls to a lot of numbers in a specific area code, you could do a reverse phone number lookup to see the locations they are calling. For example, if they have called an apartment complex numerous times, they may have rented an apartment at that complex, or if they have been calling a particular bank, they may have set up a bank account in that specific town. This is also helpful to see who they have been in contact with, in the event you want to call those same numbers to see what these people know about your spouse's whereabouts.
• Search online. If your spouse has a social networking page or website, your spouse may be posting pictures and information of their location. As Dennis Gac states in his book, "Fathers Rights Protection System," social networking sites may lead you to other individuals that your spouse may be visiting. Make note of these friends and family members as you can contact them to see what they know regarding your spouse's location.
• Call family members of your spouse. Think of relatives that your spouse may stay with. This is something to consider if you are on good terms with your spouse's friends, family members and relatives.
• Contact the military if you think your spouse may have enlisted. You can contact them through phone, mail or the internet. This information is publicly available.
• Consider service by publication if you have been unable to find your spouse. This is an appropriate form of service to individuals who cannot be located. This is where a newspaper can print a notice for a specific number of weeks to allow the person to come forward and attend the hearing or respond to the divorce. The local courthouse and county clerk can supply you with the proper guidelines and paperwork to fulfill this type of service correctly. This is typically the last resort option for missing persons.

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How to Get the IRS to Pay Your Child Support

Child support, as determined by the courts, can sometimes be a heavy financial burden for the non-custodial parent. It's considered a necessary evil, even though it can keep the non-custodial parent from living a comfortable lifestyle for themselves. There are, however, some ways to get the IRS to "help" with your child support payments, in addition to finding a way to get the child exemptions every year for your tax return to help ease the burden of paying financial support to your ex all year round.

• Ask for the tax exemptions for the children every year. IRS tax code states that you can claim a child if it lives with you for over half the year, or 183 days out of the year. However, if you have a court order that states the exemptions are yours regardless, than the court order "trumps" the IRS code. When in the courtroom determining custody, or while working on the parenting plan with your former spouse, consider asking for the tax exemptions every year. This will help get you money back through a refund to help balance out the amount you owed in child support all year.

• Provide medical benefits to your children. In some cases, you can write off the expenses of medical care through your taxes at the end of the year. This can help you tremendously if your former spouse pays half of medical expenses, and you are able to claim the full amount on your own taxes if you initially paid the bills and then were reimbursed by your former spouse for the other half of the medical expenses. This can help increase your refund come tax time.
• Combine your child support and alimony together at "maintenance." Child support is not tax deductible, but alimony is, and it is paid with pre-tax dollars. It counts as a deduction to you as the payor and as income to the payee. This is a simple way to write off what you pay to your former spouse each month through your taxes, and get relief through the IRS.

How to Get the IRS to Pay Your Child Support

Child support, as determined by the courts, can sometimes be a heavy financial burden for the non-custodial parent. It's considered a necessary evil, even though it can keep the non-custodial parent from living a comfortable lifestyle for themselves. There are, however, some ways to get the IRS to "help" with your child support payments, in addition to finding a way to get the child exemptions every year for your tax return to help ease the burden of paying financial support to your ex all year round.

* Ask for the tax exemptions for the children every year. IRS tax code states that you can claim a child if it lives with you for over half the year, or 183 days out of the year. However, if you have a court order that states the exemptions are yours regardless, than the court order "trumps" the IRS code. When in the courtroom determining custody, or while working on the parenting plan with your former spouse, consider asking for the tax exemptions every year. This will help get you money back through a refund to help balance out the amount you owed in child support all year.


* Provide medical benefits to your children. In some cases, you can write off the expenses of medical care through your taxes at the end of the year. This can help you tremendously if your former spouse pays half of medical expenses, and you are able to claim the full amount on your own taxes if you initially paid the bills and then were reimbursed by your former spouse for the other half of the medical expenses. This can help increase your refund come tax time.


* Combine your child support and alimony together at "maintenance." Child support is not tax deductible, but alimony is, and it is paid with pre-tax dollars. It counts as a deduction to you as the payor and as income to the payee. This is a simple way to write off what you pay to your former spouse each month through your taxes, and get relief through the IRS.

Find more tips and tricks in the Fathers' Rights Protection System by Dennis Gac!

Taxes and Child Custody: Who Can Claim the Child as a Dependent? (And Other Exemption Questions)

When it comes to your taxes,
who gets to claim the child
on their tax return as a dependent
when you're divorced or separated?

Whether you're in the middle of a divorce, already have the decree, or are separated from your ex, you may find you have a number of questions in regards to how you'll be filing your income taxes from here on out.  I'm Dennis Gac, and as an advocate for fathers' rights, I hear a lot of questions and horror stories about how come tax time, no one wants to follow the rules in regards to claiming a child as a dependent and filing as Head of Household on their taxes.  Here is a list of the most common questions I receive regarding taxes and child custody.  Click on each question to be led to the post with the answer and explanation as to what should be done in each situation.


I have a court order saying that I have the right to claim the tax deduction on my child even though I'm the non-custodial parent, but the IRS tax laws state that the person that the child stays with more than half the year (in my case, the custodial parent) receives the tax deduction.  Which rule do I follow?

There is no court order in regards to who gets to claim our children on their taxes each year.  IRS code states that the custodial parent (or the parent with whom the child lives with) automatically receives the tax deduction.  What happens if I have no court order regarding who gets to claim the child, and I have joint physical custody of my children?

I am in the middle of a divorce right now with my wife, and plan on filing married, filing separately for taxes.  If we don't have a court order as to who gets to claim the child on their taxes, how do we determine who gets the tax credit for my son?

Does the custodial parent automatically get the tax deduction for children each year?

Are child support payments tax deductible?

In my divorce decree and parenting plan for my children, the court ordered that I would get the tax exemption for my children each year.  My ex-wife is telling me that she is going to file before me and claim the children and head of household to get a bigger tax return.  What do I do?

What is the IRS Form 8332 and what would I need it for?

I receive child support payments from my ex.  Do I have to claim this on my taxes as income?

Taxes and Child Custody: Are Child Support Payments Claimed as Income on Taxes?

I receive child support payments from my ex.  Do I have to claim this on my taxes as income?

No.  Just as your ex cannot claim the child support payments as a tax deduction, you do not have to report the child support payments as income on your taxes.  If you are receiving alimony from your ex, however, this is considered income and should be reported accordingly to the IRS on your tax forms.

For more questions regarding taxes and child custody, visit this page here!

Taxes and Child Custody: What is the IRS Form 8332 and What Would I Need it For?

What is the IRS Form 8332 and what would I need it for?

If you are a divorced or separated parent with a minor child, then only one of you will be able to legally claim your child on your taxes. For some parents, they want the child tax deduction to receive a better refund or to offset taxes that might be owed.  Others have a better financial benefit for filing head of household with the child as a dependent.  If you have been in the courtroom for a divorce or legal separation, you may already have court orders as to who claims the child on their taxes and when (some parents alternate years, or in relationships with more than one child, one parent claims one child every year, the other claims another every year).

However, if you do not have a court order in place as to who gets the claim your child every year on their taxes, then section 152(e)(1) of the IRS tax code governs who can claim the child—the parent who has the child more than 50% of the time.  In most cases, this is the custodial parent, or the parent with primary physical custody.

When one parent is claiming the child, it is strongly recommended that they file their taxes with a signed 8332 IRS form from the other parent.  This form is a technicality that just shows the other parent that they are signing over their right to claim the child as a dependent, and will help if the IRS ever audits you or your ex-wife for possible fraudulent tax claims.

For more questions and answers regarding taxes and child custody, click here!

Taxes and Child Custody: What to Do if Your Ex is Going to Claim Your Child on Taxes Against Court Orders

In my divorce decree and parenting plan for my children, the court ordered that I would get the tax exemption for my children each year.  My ex-wife is telling me that she is going to file before me and claim the children and head of household to get a bigger tax return.  What do I do?

When it comes to claiming children on taxes, any court order signed by a judge will overrule IRS tax codes.  IRS tax codes come into play if there is no court order regarding who claims the child on their taxes, or if the verbiage on the court order is unclear as to who gets the tax deduction.  Section 152 of IRS tax code covers how the tax exemption claim is determined if no court order is already in place for the parents to follow and abide by.

When claiming a child on your taxes, it is highly recommended that the other parent that is NOT claiming the child sign an 8332 IRS Form, which is the “Release of Claim to Exemption for Child of Divorced or Separated Parents.”  This is not required, but definitely makes it a little easier and lets the other parent know that they are giving up their rights to claim the child on their own taxes.

If you ex-wife ends up claiming the children on her taxes and you get a letter back from the IRS stating that you cannot claim your child because that Social Security number has already been claimed by someone else, then you could take a copy of that letter and file a motion through the courts for an order to show cause regarding contempt of court.  Your ex will then have to show cause as to why she violated the court order, and you will more than likely be compensated for what you lost out on from the claim and may even be compensated for the court costs and legal fees you incurred in order to bring the order to the courts.

For more questions and answers regarding taxes and child custody, click here!