niceguy999
recently joined
Reged: 10/25/07
Posts: 11
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I was divorced at the end of September. So, I will have to file as single for 2011, since marital status as of December 31 dictates filing status for the entire year.
According to a tax advisor I spoke with, this means the IRS will tax me for ALL of 2011 at the single rate. Since I was having my taxes withheld from my paycheck based on being married, claiming my now ex and children as dependents (until after the date of my divorce,) they said I will essentially owe thousands of dollars in back taxes that I have no hope of catching up on by the end of 2011. 
Is this right? It hardly seems fair. I've been searching the internet to see what other people have said about this issue, and any possible solutions, but have not been able to find anything. If this is true, I would think it would be a common complaint.
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LeAnne
Carpal \'Tunnel
Reged: 08/18/05
Posts: 10232
Loc: missouri
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Talk to the ex and see if she will file jointly this year, maybe she will split the refund with you? Maybe see if she will file jointly and just give her all of the refund...better than you having to pay.
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Empty Nesting
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niceguy999
recently joined
Reged: 10/25/07
Posts: 11
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LeAnne,
I can't legally file jointly for 2011. That much I've already established by talking to the IRS. Marital status on December 31 determines filing status for the entire year. I can't file as head of household either since my children live with their mother (and have for all of 2011.)
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9400
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Are you able to claim one or more child this year? If so, you'll be able to claim head of household, which is a good deduction.
Beyond that, go ahead and change your exemptions now...to help as much as possible, and plan to write a check on April 15th...
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Head of Household is reserved for the custodial parent only, regardless of who gets the deduction.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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You have been correctly informed. You should changed your deductions to 0 immediately, and have more taken out if you can afford it until the end of the year.
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niceguy999
recently joined
Reged: 10/25/07
Posts: 11
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As I said, I cannot claim head of household. One of my children would have had to have lived with me at least six months of 2011, but none have.
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9400
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SORRY...Must have been in lala land. I swear I read that you had every other week. Lol...that's what I get for reading, then going back to work then responding...oops.
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niceguy999
recently joined
Reged: 10/25/07
Posts: 11
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I want to mention something my lawyer just told me in case it helps anybody else in my situation. This is at least in the state of CT.
He said that within four months of the judgment I can file a motion to reopen it. We could then reschedule it for January of the next year, allowing me to file as married, filing jointly for 2011.
My ex would have to agree to this. There is a risk that she might not re-agree to the exact terms in January. The motion costs $125 and there would be several hundred more in legal fees for myself and my ex.
I have no idea yet how this would affect insurance coverage through my employer.
It might save me a few thousand dollars even accounting for the extra fees, but I'm not sure yet whether it would be worth it. Again, while the judgment is open, she could attempt to renegotiate the terms, at additional legal expense.
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9400
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She wouldn't have to file married filing jointly, unless ordered by the Court...risky move.
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