i think my ex husband (final as of 3-16-07) may have filed MFJ or single on his tax return. In our divorce decree it clearly states that why BOTH must file married filing separate as we could not come to an agreement. I did turn in my taxes with status married filing separate in the mail right before the deadline. If he filed MFJ and is processed before mine, will that affect my refund and will he get caught filing incorrectly? On the form I filled out I did put his SS# as requested. I am not sure how could have filed joint without my signature unless he filed electronically some way, but knowing him there is always a way!
2007-04-30 16:16:06 · 8 answers · asked by Jennifer T 1 in Business & Finance ➔ Taxes ➔ United States
If there is a discrepancy the IRS will find it. You may have your refund if you get one delayed. If there is a discrepancy in his favor he will be liable for any difference. You should be fine.
2007-04-30 16:29:33 · answer #1 · answered by lint 6 · 0⤊ 0⤋
This is just a hunch, but I'm going to guess:
Your dear old hubby filed either as single or married seperate.
He could NOT have filed married joint without your signature, so you'd know if that were the case.
If there is any sort of dispute, the IRS is going to give a great deal of authority weight to your divorce agreement, especially if it has passed through a court and received judicial holy blessing.
If you have done everything according to agreement, you have nothing to worry about. If it comes up, just call 1-800-829-1040, explain the situation, and be prepared to send in a copy of your divorce decree.
That's really all it takes.
(Electronic filing also requires your signature.)
Take a close look at Patrick's advice. What he's describing to you is a section of the Revenue Code that allows you to file "single" or "head of household" BEFORE your divorce is final. You have to have some kind of document that states your seperation from your hubby, and it doesn't have to be a final divorce decree.
Perfectly legal except for one minor point: you have a divorce decree that ORDERS you to file married seperate.
Again, the IRS will go by the court docs. If you were seperated for at least the last 6 months of 2006 (they have to be the LAST 6), perhaps you can file differently; call the IRS and see if you can.
(Normally, when one spouse files married seperate, both are required.)
2007-04-30 23:21:32 · answer #2 · answered by Anonymous · 0⤊ 1⤋
If he filed as MFJ before you filed MFS, then your return will be rejected.
You should call the IRS to find out if that was how it was filed.
The IRS will not give any information out about his return if your SS# is not on it as primary tax payer or spouse.
If he filed jointly, then any refund check will be in both names.
Call 1-800-829-1040. This will give you a menu to choose from. Once you get person, explain the situation.
If he filed as single, then he will get in trouble for using the wrong filing status.
2007-04-30 16:28:36 · answer #3 · answered by Mark S 5 · 1⤊ 0⤋
If he filed a joint return without your signature, he'll be the one in trouble when he gets caught. And if you also filed a return as married filing separately, he WILL get caught when it turns up that there are two returns filed for your social security number. Unfortunately though, if he did this, your refund would probably be held up while they sort it out, although you should eventually get it.
If he filed as single, it's possible he might get away with it, but probably not since his ss# shows on your return.
2007-04-30 17:50:33 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
This may sound odd, but did you have a preliminary agreement like seperate maintanance agreement that was filed with the court and you lived apart the last 6 months of the year? If so, he may have been able to claim single. If he filed a joint tax return without your signature, then he can be charged with tax fraud and face the IRS in court. Not fun. Sounds like you covered yourself. BTW if you had children, you may have been able to claim Head of Household, but only if you've been apart for the last six months of the year.
2007-04-30 17:15:44 · answer #5 · answered by Patrick S 3 · 0⤊ 0⤋
If he didn't file properly according to the decree, it will be his problem to deal with.
If he filed MFJ, the IRS may be in touch with you since 2 returns would have been filed in your name. You may be asked to sign a sworn statement under penalty of perjury that you did not file a joint return with him or authorize him to do so. If so, just return the signed statement and let him take it in the shorts with the IRS. It will be his problem, not yours.
If he filed Single, the IRS will contact him to verify that filing status claim since you correctly put his SSN on your return. They'll may give him the opportunity to file an amended return though they could prosecute him for filing a fraudulent return if he failed to do so.
2007-04-30 16:46:34 · answer #6 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Ah ha.... I have been in this situation myself... Hopefully, he followed the decree, if not you can fight it... But, yes if he filed incorrectly he can mess up you taxes - another reason to be early...
2007-04-30 16:23:06 · answer #7 · answered by glisten1971 2 · 0⤊ 0⤋
yes it can mess up your taxes but you will not get in trouble you will just have to prove that the decree says that and he will get in trouble
2007-04-30 16:27:05 · answer #8 · answered by Michelle R 1 · 0⤊ 0⤋