labuffone227
New
Reged: 04/13/07
Posts: 8
Loc: Georgia
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I am about to start the process of the D but he hasn't filed our taxes yet. I want to file to get a nest egg for myself can I file without him and if I take my daughter as a deduction is it legal??
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I am sooo done!!!
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3214
Loc: Florida
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My ex and I couldn't agree on how to file the tax return while we were divorcing. I had the kids with me and he was sporadic in paying child support, however he wanted to file jointly and split the refund. I did not TRUST him to actually give me 1/2 of the refund yet I thought that would be most fair. I filed an extension that year...he filed seperately and claimed both children. The court ruled on it about 2 months later and said that we were to file jointly and split the refund 50/50...he had to amend the tax return (pay all fees associated) and give me half of what he already received and half of the amended return. I could have just agreed in the first place, but because I didn't trust him I wanted the courts backing on it in case he did not give me my half.
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SFLLADY
Silver
Reged: 01/10/08
Posts: 96
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I have always wondered is it mandatory that spouse split the income tax return 50/50. What if he makes a comment of her keeping it for the kids..would it be considered ok?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2181
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Are you still living together ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Samsung
Platinum
Reged: 06/14/07
Posts: 2127
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From your previous posts, it sounds like you are married and still living in the same house. If that is true, then it would be illegal.
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SFLLADY
Silver
Reged: 01/10/08
Posts: 96
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HE AND I ARE NO LONGER TOGETHER. After finding his infidelity I asked him to leave and he did. But, now he's making a comment that I should keep the income tax for the kids. My question is: if I do so, and later he changes his mind and harasses me about his part what could i do?
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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You could tell him that you understood it to be a gift and are not obliged to return it.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2127
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You can file and claim the child, but unless you have his permission in writing, he could come back up to 3 years later to contest.
You also must file as "married, filing separately," rather than "head of household," which eliminates you from claiming the earned income credit, and other benefits.
It would probably be best for you to take whatever amount he might be entitled to the future, and bank it for over 3 years (or until the divorce is final, and things are settled) to be safe.
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