More often than not, a matrimonial law attorney is not a C.P.A.  More often than not during the process of a case, a client will ask the advice of their attorney, “How should I/we file tax returns this year?”

The answer is and should be first and foremost a reference to a C.P.A.  A qualified C.P.A will be able to look at a divorcing couple’s entire financial picture, including their past and advise as to how to best file the final tax return in a way to minimize the taxes due.

What happens when one party does not want to file a joint return because of concerns regarding tax liabilities or even worse, penalties? The recent unpublished Appellate Division decision of Hreha-Coloccia v. Coloccia, A-3892-07T1, decided September 2, 2009, gives some guidance in this regard.


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As April 15h quickly approaches and the pressure to get those tax returns completed and filed grows, the issue of which parent can claim a child or children as a dependency deduction for tax purposes becomes more and more relevant.

All Property Settlement Agreements (“PSA”) or Final Judgments of Divorce should address this issue to