holdemfoldem
recently joined
Reged: 09/15/08
Posts: 4
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Hello. I'm a new member. I have what I'm sure is the usual sob story about betrayal, shock, and deep sadness that most here have, so I won't bore you with that.
The divorce is in progress and should be complete before the end of this year, so here's my question:
I would like to file separately on my next tax return as this would seem appropriate and would also be beneficial for me. Is there any legal reason I can't or shouldn't?
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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If the divorce is final on or before December 31, 2008, you MUST file as 'single'. There is no separate, because there is no one you COULD file jointly with. If you have some dependents, you may file Head of Household, but if it's just you, you will be "single".
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Eternity is too long to be wrong.
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jaiye
old hand
Reged: 10/27/05
Posts: 860
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If you have children make sure that your CO addresses who claims the kids in order to head off problems before they start.
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holdemfoldem
recently joined
Reged: 09/15/08
Posts: 4
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Thanks for replies, Avaya and jaiye.
Avaya: Interesting. I guess I was thinking (incorrectly) that the IRS might view a couple as having been married for the majority of the tax year as able to file separately or jointly. Good to know that's not the case!
jaiye: I understand the gist of your message, but what does "CO" stand for?
Thanks again all.
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
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"CO" is court order...duh!
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"The King of fraud and corruption"
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holdemfoldem
recently joined
Reged: 09/15/08
Posts: 4
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Ah, now I realize why I didn't know what "CO" stood for. We are handling the divorce without attourneys, filing the paper work on our own. Do I need to petition the court for a CO to determine which of us claims our daughter as a dependent? I make the larger salary, does this count for anything? Help! (and thanks ahead)
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jaiye
old hand
Reged: 10/27/05
Posts: 860
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As far as the IRS is concerned who ever has primary placement (who the kids live with most of the time) receives the deduction unless it is addressed in the CO. The most fair way would be to switch every other year or if there are 2 kids you each get one that way you both get the benefit of being able to claim them and claim head of household.
The court will issue an order going by what you file and agree to. You can outline all of these issues by filing a settlement agreement. I think most states have forms that you can go by. Agreeing to all terms is the difference between a contested or non contested divorce. Anything you can't agree to will force it to be contested and would need to go to trial for the judge to decide.
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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Quote:
The most fair way would be to switch every other year or if there are 2 kids you each get one that way you both get the benefit of being able to claim them and claim head of household.
Just want make a remark, just because someone is claiming a dependant doesn't automatically mean that you can claim HOH (Head of Household). There are specific rules for claiming HOH.
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holdemfoldem
recently joined
Reged: 09/15/08
Posts: 4
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Thanks all, and I hope you can help with one more thing. Let me elaborate:
My wife has committed adultery, (at least twice), and is filing for divorce to which I am consenting. She is filling out papers and I am carefully checking and signing, norotizing, etc with her, making sure that we split everything down the middle.
On the papers we have signed and submitted, it is specified that both of us are fit to be custodians of our 17 year old daughter, (who will be 18 in December), and that she is to drive herself back and forth to her place then mine for equal visitation. This is to avoid either of us being required by law to pay child support.
The fact is that my dauther has told both of us separately that she does not want to live with her mother, and my wife has told me that she will not enforce the requirement that she drive over and live with her half of the time.
I make more money than she does and will have therfore paid more than she towards our daughter's support, both before, and, naturally after we move to separate homes, where she will be living only with me.
Although the divorce will almost certainly be completed well before the end of the year, it is unknown whether or not the house will be sold by year's end, at which time my daughter and I will move into a different residence.
According to my limited understanding of tax law, this will be the final year to claim her as a dependent.
So, do we need to sign an agreement, petition the court, etc, or does tax law stipulate that one of us is entitled to claim her as a dependent without any further action?
Thanks, and sorry if I didn't spell things out clearly enough at the beginning.
Edited by holdemfoldem (09/18/08 10:39 AM)
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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It would be best to get it in the CO who claims your D. This does not have to be the last tax year that you can claim your D. You can look at the rules for claiming a dependant on the IRS website: www.irs.gov
Look at Pub 501 and read it, it will help you understand about which way to file (single or HOH) and who qualifies as a dependant.
If your D is still in HS you can claim her. If she goes off to college, you could possibly claim her, depending on how much she makes AND how much you support her, even if she 'lives' at college.
Don't be afraid to read the different tax pub that pertain to your situation. It is better to be informed even if you have someone prepare your tax forms.
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