i am engaged to a man who has two other children from a previous relationship. its a very complicated situation, but he owes back child support. the child support is now automatically deducted from his paychecks each week and has been for years. for the past few years when he has filed, the refunds that he gets automatically go to the guardian of the children for the back child support that he owes. my question is what is the best way for us to file so that we can make sure to get the money that we should from our refund? i am a new mom, i had my baby in december of last year so i can claim her on my taxes, but we did not know if we should file jointly, separately, etc...if we file jointly, and we receive money back bc of the newborn, will this money automatically be taken and sent for his back child support? is it best that we file separately and i claim our baby so that we are guaranteed that money? i do not understand the tax process well and need some advice. thank you!
2007-02-19 03:01:47 · 5 answers · asked by Love my Family <3 4 in Business & Finance ➔ Taxes ➔ United States
Well, if you are engaged but were not married as of 12/31/06, you CAN't file a joint return. That's only available if you are married to each other.
Either of you can claim your child, assuming that he is the biological father. Calculate it both ways to see who gets the most from claiming the baby.
If you are living together, the one claiming the baby can probably file as head of household. The other one would file as single.
If you get married in 2007, then next year you can file a joint return. If he still owes back child support then, and some of the income and withholding is yours not his, you can file a form called Injured Spouse form and the refund will be split and only the part due to HIS earnings and withholding will be taken for his child support.
2007-02-19 15:00:36 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
Best advice is to go to a professional, because we can't you the questions that need to be asked. I can generalize, that you need to be careful filing as "married". The tax laws do allow for people that are living like married people to file as married, but you need to make sure you fit all the rules. As to the refund all be applied to his previously unpaid child support, that will continue if you file jointly, however, there is a process called "injured spouse" whereby you file a form for that purpose and you will get the part of the refund that can be directly attributed to you, not him. I'm writing this from memory, so go to the pro's to get it right--it's worth the extra money this year.
2007-02-19 11:10:53 · answer #2 · answered by Ovrtaxed 4 · 0⤊ 0⤋
You probably want to file separately...but in a case like this, with your lack of good knowledge about it, spend the $50 or so and take it to a tax professional...they have software that automatically calculates both filing jointly and separately and gives you all your options. Also, they know about tax breaks which can give you a bigger return than you would have gotten on your own and can give you advise on how make next year's tax return better for you (adjusting withholdings on w-2s, etc.). Believe me, it's worth the 50 bucks! Plus, if something happens down the line and you get audited, you don't have to worry about it...just call your tax professional again! It's worth the piece of mind!
2007-02-19 11:12:40 · answer #3 · answered by trinity_essence_of_femininity 3 · 0⤊ 0⤋
You should file MFJ with an injured spouse form. Your refund will be calculated as normal and then pro-rated by your contribution to the income ( 25 k and 25k =50%) (50 k and 30K=37.50%). So you can get some of the return back
DO NOT FILE SEPARATE you are leaving 1000 in child credits off the table if you do that
2007-02-23 10:22:31 · answer #4 · answered by Rick F 2 · 0⤊ 0⤋
I'd file seprately, otherwise you're going to get screwed.
2007-02-19 12:48:40 · answer #5 · answered by hempdro42 2 · 0⤊ 0⤋