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we got married in 1998 but seperated in1998,

2006-09-20 11:03:58 · 6 answers · asked by onesweetmokihana 1 in Business & Finance Taxes United States

in florida i n think you can claim your spouse as a dependant.Ive been sepereted for 9yrs.,but my mom tried to claim me last year and couldnt.all he has to do is sign my name

2006-09-20 11:11:00 · update #1

actually no,because i havent worked.

2006-09-20 11:12:37 · update #2

6 answers

I'm assuming you file a tax return each year?

When you file a tax return each year with your own SSN on it, when the IRS gets a tax return from him with your SSN on it, they will get back to him and demand it be removed.

2006-09-20 11:07:00 · answer #1 · answered by hawkthree 6 · 0 0

OK, first of all, there are a few different issues here. If he is still filing a Joint tax return, with your name listed as the spouse, he is forging your signature and can be prosecuted. He would also be considered to have filed fraudulent tax returns. You can find this out by calling the IRS and asking to discuss your return. You may have to give them his social security number (as well as yours), but here's where it gets fun: If you are not listed as a spouse on the return, the IRS will not discuss the return with you - at all. So you'll know he's not filing as married to you, but you won't know if he's using you as a deduction.

If you believe he's claiming you as a deduction simply because he has your social security number and information, but is not filing as married, then you're going to have to write a letter to the IRS explaining your situation. The best way to do this is to submit your mother's return (amended if necessary) via the good old Postal Service, on paper, with proof that she supported you. This could be a rent agreement with your name on it, school records, medical records, etc, and also your own affidavit that she did.

Then, and only then, if he is claiming you on the return, will the IRS do anything. If they believe your mother has supported you, and that you didn't live with him at all, then they will give your mother what is due her, and collect from the ex.

I would suggest you get the help of a pro on this one if you need to. Or you can always contact me if you have more questions.

2006-09-20 13:24:21 · answer #2 · answered by Katie Short, Atheati Princess 6 · 0 0

usually if you are over 18 you can't be claimed on your mothers tax return. If you are in college or school full time up to I think age 23 it is different. Call IRS and find out if he is claiming you. Why not get a divorce if you have been separated that long????

2006-09-20 11:13:41 · answer #3 · answered by amyestabrooks@sbcglobal.net 2 · 0 0

There's no income tax in Florida, so you'll need to go to the federal level. If you're still married he'll need your signature to file jointly or he must do married filing separately. Hopefully you're not refusing to sign a joint return just to be mean, because if he is forging your name you could both get in trouble.

2006-09-21 17:43:37 · answer #4 · answered by Anonymous · 0 0

call the IRS and let them know only you can claim yourself, or do it on your tax return next year. if you think he might be and shouldn't be, call the irs fraud line and give them info that they ask for.

2006-09-20 11:16:20 · answer #5 · answered by slingblade 2 · 0 0

The IRS can answer that question. www.irs.gov

2006-09-20 11:43:57 · answer #6 · answered by Learned one 2 · 1 0

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