Lamesa, TX Divorce Law Firms & Lawyers

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.

I am unsure of your question. If the bank says she is not a co-signor, then she cannot remove funds, so there would be no problem. However, if you are in the middle of a divorce any monies earned during the marriage are community property and subject to division by the court, upon a court order, the characterization of property as community or separate will not happen until you get to a final trial date or come to a final Judgment with a Settlement Agreement (not just temporary orders at a hearing). This is the reason that the automatic restraining orders listed on your Summons go into effect immediately (neither of you may use, dispose of, encumber any assets except in the ORDINARY purposes of everyday life (normal living expenses) without the court's approval.