for past due child support, should you file married filed separately or single so the state does not recapture your taxes, but only his? Can the state even do that to a married couple if only one spouse owes the state money?
2006-10-04 10:09:37 · 7 answers · asked by mixedchick4blkguys 2 in Business & Finance ➔ Taxes ➔ United States
He pays his child support faithfully- the amount in arrears is the amount his ex won after the divorce- but he has paid faithfully since that date.
2006-10-04 10:44:58 · update #1
Concur with the "Injured Spouse" filing. This way it protects you from marrying into a tax debt. It will take a lot longer to get your refund, but at least you will be getting back your portion at the marrief filing joint rate. Any garnishing will take place only on what would have been his refund.
2006-10-04 10:19:24 · answer #1 · answered by boredperv 6 · 3⤊ 0⤋
Don't file separately, you will get a much smaller return. You need to file married filing jointly, and also file an injured spouse form. You can file both of these electronically, because that's what my husband and I had to do because of student loans. You will get a better refund that way, because if you have any dependents, they will give you credit. We wound up only losing about $500 that way. I would pay a professional to prepare them for you, so if there is a problem, they will go to the IRS. It does take longer to get your refund, about 11 weeks from the day they receive it if you direct deposit. Good luck.
2006-10-04 17:24:14 · answer #2 · answered by michelle p 2 · 1⤊ 0⤋
I'm on there other side of the situation -- I am the mom not receiving child support. Supposedly, they can capture your refund if you file jointly since you are combining incomes. I haven't ever had it happen for me, but I am told they do it. However, one thing you might consider is paying his debt off as quickly as you can so you can both be out from under it. I know it's nice to get that tax refund check, but in the meantime your credit is being hurt for his nonpayment. And, it's not the other woman's fault you married someone who owes her money, so don't be mad at her if you can help it.
2006-10-04 17:20:24 · answer #3 · answered by tsopolly 6 · 0⤊ 0⤋
YOU file as an "Injured Spouse" ( I don't know why they call it that). That way you get the benefit of filing "married" but you get all of YOUR tax return. Ask your tax consultant about that option.
2006-10-04 17:20:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
1) Have the deadbeat pay the child support!!
barring that....
2) a) File Separtely. Your refund will be small but you will get it; or
b) File Jointly and file and injured spouse claim. The return will have to be mailed in and it will take forever to get it.
Take your pick.
2006-10-04 17:13:52 · answer #5 · answered by Wayne Z 7 · 1⤊ 1⤋
If you live in a community state they can garnish your income tax return you can visit your local tax office to see which is the best way to file
2006-10-04 17:15:12 · answer #6 · answered by candigirl_77091 2 · 0⤊ 0⤋
yes you need to file injured spouse
2006-10-04 17:17:37 · answer #7 · answered by Jenny 3 · 0⤊ 0⤋