Grandfalls, TX Divorce Law Firms & Lawyers

There is a possibility that she may be entitled to one-half of the increase in value, starting with the value of the plan on the date you were married to her until the date of the divorce. But, since no community property was used or community time was used to increase the value, it is more likely that it will be treated as your sole and separate property.

This is a case where federal law dictates the answer.  Under the Internal Revenue Code, the parent who is the primary custodian gets to claim the children.  Sometimes in divorce cases we make provisions regarding who gets to claim them, but the federal government doesn't care one bit about what a State court rules. So, to answer your question, it sounds like you get to claim them under federal law.  You may, because you are a nice person, allow her to claim them, but that is solely your decision.  If you both claim both children, then ultimately, when the IRS flags your returns, you sir would win the battle.  At least that is my understanding of how that works. Good luck.

Because your children and soon to be ex-wife are in Texas, you have standing to file for divorce in Texas. A Texas court has the authority to serve your wife with divorce papers, establish child support, conservatorship, and access to your children. Talk to a Texas divorce attorney to find out how to start this process. It is very difficult for people out of state to file for divorce on their own.