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My husband who is now UA from the Army, walked out on me while I was pregnant. I have no idea where he is. Im going to be getting a job and supporting my baby. Should I fill out as single + 1 or married + 1 ?
We are still legally married even though I dont know where he is.
Will the IRS hold my taxes next year when I file because he is UA from the US armed forces?

2007-01-06 10:14:15 · 6 answers · asked by Mona B 1 in Business & Finance Taxes United States

6 answers

When filling out your w-4, you should claim single and 1. If you want, you can claim single and zero, and they will withhold more, resulting in you getting a bigger refund.

As for the IRS holding your taxes, when did you split up? Do you have a separation order? If he owes student loans, back child support, VA loans, the IRS or state taxes, you can fill out an injured spouse allocation (if you have been apart less than 6 months or you aren't legally separated). If you are legally separated or if you did not live live together for the last 6 months out of the year and he owes any of the things listed before, you need to fill out an innocent spouse form.

These two forms basically state that the debt is his, not yours, and you are entitled to the refund claimed, even though HE owes them. If you live in a community property state, they may keep part of your refund, since there once you are married, you assume the debt too.

Good luck, and I hope I have helped you understand it a little better!

2007-01-06 10:35:34 · answer #1 · answered by Anonymous · 0 1

Once the baby is born, you can claim head of household, and not have to file married filing single, even if you're still legally married. Until then you're stuck filing single. If baby was born in 2006, you can file h of h when you file this year if you and your husband didn't live together at any time after June 30, and if you have any income to file on.

For your w-4 when you get a job, filing single, 2 allowances would probably still keep you OK for taxes, since h of household rates are less than single, and you'll have two exemptions, yourself and the baby. You'll also have child tax credit, and maybe EIC, to help you out.

Good luck. Life will get better eventually.

Since you won't be filing joint, the IRS should not hold your tax refund.

2007-01-06 10:44:50 · answer #2 · answered by Judy 7 · 0 0

You are still legally married until you are divorced. You may be considered single for tax purposes in this case. I don't know the rules, but I know it is possible in some cases where you are actually living separately. As another person stated, there is an 'injured spouse' provision in the law that may benefit you. You get what you pay for on yahoo answers. You should probably consult a professional in your situation. Check with the nearest Army base to see if you are eligible for free legal advice. I don't know the rules about that either, but it can't hurt to ask.

2007-01-06 11:21:13 · answer #3 · answered by STEVEN F 7 · 0 0

the first thing you should do is to get legally separated as because you are still married you can be libel for any debt he may incur. then i would put down single with 2 dependents because with all of the child tax credits, i doubt you will owe anything. and lastly, no, even if you are still married to your husband, when you file singly, the IRS will not touch you for his tax liabilities.

2007-01-06 10:22:10 · answer #4 · answered by george 2 6 · 0 0

I highly suggest you go to the IRS website and use the withholding calculator. Married couples can end up owing the IRS at the end of the year if you both work and you both list your son on your W-4 forms. This calculator will help you set your allowances correctly.

2016-05-22 23:58:11 · answer #5 · answered by Anonymous · 0 0

I hope you will consult a lawyer as to how to handled all this. wrt your taxes, file as married but filing as a single, with one dependent.

2007-01-06 10:22:36 · answer #6 · answered by BluedogGirl 5 · 0 1

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