Need no B.S. advice...

Is disability through state compensation from a work injury tax deductible? My ex-husband has not filed his taxes since 2005 because he says his disability income is not taxable income. He has the court awarded right to claim two of our three children on his taxes. If he cannot claim them because his income is not taxable, can I? Do I need his permission? What happens if I do it without his permission? Can I file amended returns for the last two years? Help! Would appreciate a no bs answer...I know what the tax laws are...what are the legal ramifications within the family law court system?

You could suggest that you claim the children on your tax return and split the financial benefits with him.

Hi--we normally do not give tax law advice on this site; you may check with the IRS directly; or your accountant; or the H & R Block web site for 20 dollars: HR Block Tax Advisor link...

H&R Block Ask a Tax Advisor | Do your Income Taxes with Help from an H&R Block Tax Professional

Originally Posted by Jennie

Is disability through state compensation from a work injury tax deductible? My ex-husband has not filed his taxes since 2005 because he says his disability income is not taxable income. He has the court awarded right to claim two of our three children on his taxes. If he cannot claim them because his income is not taxable, can I? Do I need his permission? What happens if I do it without his permission? Can I file amended returns for the last two years? Help! Would appreciate a no bs answer...I know what the tax laws are...what are the legal ramifications within the family law court system?

Beyond the tax laws, since he is not filing taxes, you can file for a modification of the court order.