SarahLSW
recently joined
Reged: 01/23/11
Posts: 6
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I have questions re: filing taxes.
My research indicates that, although we are not residing together, and have temporary orders, we are still 'married' and should file married. I am sure that my spouse will not file jointly, as, though it won't benefit him to file separately, it would benefit me.
My concern is that he is in arrears on child support, has defaulted on his student loans, and owes the State of Ohio for overpayment of unemployment benefits. Who will get the funds first? If he DOES decide to file jointly, would they take the entire return? Since he's not paying anything, I really need the money.
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matilda
Pooh-Bah
Reged: 11/11/04
Posts: 2092
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You can file married separately. The can limit what deductions you can take and may mean a higher tax bill depending upon your situation. By doing so you are protecting your tax refund from being intercepted.
You could also file married and hope that he will give you your share of the refund. If the refund is intercepted you could try to file as an injured spouse to have your portion returned to you. This process could take awhile. Why don't you use Turbo Tax or another on line service to try both scenarios to help you decide what the better method would be for you. Good luck.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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I would never file joint with that guy...no matter if it is beneficial to me or not. You will never see your refund it will all go to his debts.
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13.1...because I am only half crazy!
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SarahLSW
recently joined
Reged: 01/23/11
Posts: 6
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Thanks. 
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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You are considered married if your married on Dec 31. There is an exception where you can file HOH (head of household) while bing married but you have to meet all of the tests.
[censored]://[censored].irs.gov/pub/irs-pdf/i1040.pdf
The exception is on page 13.
If your ex owes the government money, I would not file a joint return with him. He can't file jointly without your signature.
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english7
Carpal \'Tunnel
Reged: 11/27/09
Posts: 3050
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"He can't file jointly without your signature."
He can if he does it through something like Turbo Tax. A handwritten signature is not required. My ex did this and kept over 6k in refunds.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2018
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Regardless of whether or not you can file HOH or not, I would file before your stbx. Either HOH (if qualified) or married filing separately. This way if he attempts to do a joint online filing without your signature, it will kick back.
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