Hoping to get some insight here as I’m not confident my lawyer is correct.

Exw was awarded primary custody (joint managing conservator) in temporary orders hearing on July 28.

We signed mediated settlement agreement eff Dec 1. Currently waiting for judge to sign decree. In the final MSA, there are a couple pages on filing taxes that are confusing as heck. We did not discuss taxes in mediation so it is all statutory boiler plate stuff. Texas.

I asked my lawyer to distill it down for me. There is all this stuff about splitting 2023 refunds and liabilities. At first he said we should file jointly since we were married most of the year. Then when I asked that be made clear in the MSA, he said no cuz we didn’t mediate that and if she wants she can file separately she can and that would be advantageous to her.

Then he said she can claim the children and the child tax credit cuz she has primary custody. Yet I had them living with me for over half the year up until T/O hearing so I’m not sure that is correct.

What was your experience filing the year after divorce with filing jointly vs. separately, who claimed the kids, who claimed the child tax credit? Thanks.

I’m kinda pissed my lawyer didn’t push for some terms during mediation on this, if I’m gonna get screwed over on taxes this year.