Me and my ex husband were recently divorced. He pays child support and is currently behind on child support payments. He wants us to file taxes together for the last time since we were just divorced in September. He is currently in the arrearage of about $2,000 in its still going up. Will I get all of the child support that's in the arrearage since its due to me anyway? Or does it sound like he's trying to get over on me somehow?
I live in michigan
2006-10-20 10:26:40 · 5 answers · asked by Denise 2 in Business & Finance ➔ Taxes ➔ United States
If you file separately, the I.R.S. will withhold his taxes and give it to you as part of his back child support. If you file together they more than likely will not. I would not file jointly so you can claim the children on your taxes and you can get earned income credit and such. The general rule of thumb is who ever files first can claim the children. If he claims them and you, he will get a lot more money back.
My advice to you is to file as early in January as you can and claim the kids and do not file jointly. Then when the ex files, if he tries to claim the children, he will contacted by the I.R.S. and told that the children have already been claimed so he can't claim them. And they will also put a hold on any money he is due and send it to the state to send to you if he still owes any back child support.
2006-10-20 10:43:00 · answer #1 · answered by nana4dakids 7 · 1⤊ 1⤋
Generally, your marital status on the last day of the year determines your status for the entire year. If you are unmarried, or if you are legally separated from your spouse under a divorce or separate maintenance decree according to your state law, and you do not qualify for another filing status, your filing status is single.
You may also qualify for head of household status if you, though married, file a separate return, your spouse was not a member of your household during the last six months of the tax year, and you provided more than half the cost of maintaining as your home a household that was the main home for more than one half of your tax year of a child who is qualifying.
I would file single head of household if I were you and do it as soon as you can. If he files first he can claim the kids. If you have any other questions, I would contact a tax adviser. They'll be able to give you state specific info and lead you in the right direction. Good Luck!
2006-10-20 10:37:07 · answer #2 · answered by Kristin Pregnant with #4 6 · 0⤊ 0⤋
As you are divorced, you two can not legally file jointly any longer. It doesn't matter if you were divorced in September or December. What matters is your marital status on 12/31/2006. Assuming that the child lives with you, you should file as "Head of Household" for 2006.
The $2000+ in child support is between you, him and the state. If the state has its act together and they know that he is in arrears, any refunds due him from the Feds or the state will be taken.
2006-10-20 10:33:35 · answer #3 · answered by Wayne Z 7 · 1⤊ 1⤋
If you are divorced you file single/head of household. You claim the child as a dependent since you are the custodial parent. If he is in arrears, the state will garnish his taxes, and it should come to you. You can't file with him.
2006-10-20 10:35:05 · answer #4 · answered by tsopolly 6 · 1⤊ 0⤋
Probably not this year. But you should get what he owes on child support from the Federal. Not sure about your state.
2006-10-20 10:28:59 · answer #5 · answered by to_sassy4_u 5 · 0⤊ 0⤋