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#734665 - 11/07/11 08:43 PM "Back taxes" due to divorce late in year?
niceguy999 Offline
recently joined

Registered: 10/25/07
Posts: 11
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. <img src="/ubbthreads/images/graemlins/shocked.gif" alt="" />

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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#734666 - 11/07/11 09:53 PM Re: "Back taxes" due to divorce late in year? [Re: niceguy999]
LeAnne Offline
Carpal \'Tunnel

Registered: 08/18/05
Posts: 10232
Loc: missouri
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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#734667 - 11/07/11 10:04 PM Re: "Back taxes" due to divorce late in year? [Re: LeAnne]
niceguy999 Offline
recently joined

Registered: 10/25/07
Posts: 11
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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#734668 - 11/07/11 10:20 PM Re: "Back taxes" due to divorce late in year? [Re: niceguy999]
youngatheart Offline
Carpal \'Tunnel

Registered: 09/04/05
Posts: 9498
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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#734669 - 11/07/11 10:34 PM Re: "Back taxes" due to divorce late in year? [Re: youngatheart]
DedicatedDad Offline
veteran

Registered: 09/05/04
Posts: 1318
Head of Household is reserved for the custodial parent only, regardless of who gets the deduction.

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#734670 - 11/07/11 10:35 PM Re: "Back taxes" due to divorce late in year? [Re: niceguy999]
DedicatedDad Offline
veteran

Registered: 09/05/04
Posts: 1318
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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#734671 - 11/07/11 10:36 PM Re: "Back taxes" due to divorce late in year? [Re: youngatheart]
niceguy999 Offline
recently joined

Registered: 10/25/07
Posts: 11
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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#734672 - 11/07/11 10:46 PM Re: "Back taxes" due to divorce late in year? [Re: niceguy999]
youngatheart Offline
Carpal \'Tunnel

Registered: 09/04/05
Posts: 9498
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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#734673 - 11/08/11 08:38 PM Re: "Back taxes" due to divorce late in year? [Re: youngatheart]
niceguy999 Offline
recently joined

Registered: 10/25/07
Posts: 11
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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#734674 - 11/08/11 08:57 PM Re: "Back taxes" due to divorce late in year? [Re: niceguy999]
youngatheart Offline
Carpal \'Tunnel

Registered: 09/04/05
Posts: 9498
She wouldn't have to file married filing jointly, unless ordered by the Court...risky move.

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#734675 - 11/10/11 09:30 PM Re: "Back taxes" due to divorce late in year? [Re: niceguy999]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
If you have any doubt that the deal will hold up, forget the few thousand you would save on taxes and get the divorce. If the deal goes south it will cost you much more in attorney fees, stress, opportunity cost.

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