pmilnes
recently joined
Reged: 12/23/09
Posts: 4
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Hello,
Well, here I am facing a divorce. Our first court date is January 5th.
My question is if we should file jointly or separately. Here is my situation:
In 2009, I made $115,087.89. I paid $10,669.86 in Federal witholdings.
Looking at a paycheck from 11-14-09, she will make approximately $18.184.81. She has only paid $55.06 year to date in federal income tax - I have no idea why.
SO, obviously this is going to kill us on our taxes and we are going to owe a lot.
We have two minor children, and lived together for most of the year - she kicked me out in November 2009.
My question is, is there an advantage of my filing separately because of the federal taxes that I have paid?
I can provide any additional information if you need it.
Thanks for your help!
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9394
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Run the numbers through Turbo Tax....then you can make an educated decision.
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pmilnes
recently joined
Reged: 12/23/09
Posts: 4
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Quote:
Run the numbers through Turbo Tax....then you can make an educated decision.
Okay - but then give her the write off for the kids, and who gets the mortgage interest, etc?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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No, file joint you both claim whatever exemptions and split the refund, debt, whatever. You are going to get hosed filing separately.
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13.1...because I am only half crazy!
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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Quote:
You are going to get hosed filing separately.
I don't think so, unless he gets no deductions for the kids and Schedule A. After normal deductions, he'd probably be okay - better off to have her too. I'd say that since she earned so little and paid nothing (really), then they should file jointly and he gets/pays balance. She's simply off the hook.
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Eternity is too long to be wrong.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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It is 99% of the time better to file married joint versus married separate.
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13.1...because I am only half crazy!
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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In his case, since she earned 15k and paid nothing in, if he gets all of the deductions, then he's likely better off filing separately.
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Eternity is too long to be wrong.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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That is *if* she let's him, or does not file first or whatever else people do in that situation. She would likely get refund claiming the kids on her income alone also, probably a decent one.
I know my husband's ex lives below the poverty line, gets assistance and still some how gets a refund after paying in zero tax. I don't get how that happens.
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13.1...because I am only half crazy!
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CAFamilyLawCoach
journeyman
Reged: 01/02/10
Posts: 63
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Generally, it's true that filing jointly is the best financial option for both parties. They benefit (over filing separately) and split that benefit. But there's generally (check your state law) no way to force your spouse to file jointly, so if she does so without you, all you can do is file separately. You can always try to petition the court to either order her to file with you or reimburse you for what you 'lost' by not filing together. This is far from a sure thing, however.
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Christina McPherson, Esq.
Hourly family law coach
CAFamilyLawCoach.com
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
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Hey Christina,
What happens if I file joint tax returns and forge my spouse who Im divorcing signature on Form 8879 and have all return money deposited into my bank account. My lawyer knew about it. The soon to be x's lawyer looked the other way! The CPA never checked with the other spouse to see if it was her signature on the form to e file. This happened twice. What happens now?
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"The King of fraud and corruption"
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ILMimi
addict
Reged: 01/03/08
Posts: 502
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Go away troll. You really are like a bad penny...
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
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Go look in a mirror and you'll see a TROLL!
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"The King of fraud and corruption"
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