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Annulment? Taxes? No lawyer yet (can't afford it)

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WyldRice

Junior Member
What is the name of your state? MN
My "Girlfriend/Wife/Secretary/Better Half" and I have lived together for 13 years! She's very "ECCENTRIC" as she calls it... You'll see why everyone agrees with her! :p We have 2 boys together (3 + 10) and my daughter (15) is from my first marriage- but I pay A LOT in support, and we see her every week! We are a very religious-yet understanding family, and it keeps us together!

The GF never wanted to get married before, and told everyone that! Unfortunately she said "YES!" one day last spring :eek:
(I only asked about a hundred times before this -and 2 engagement rings.)

Upon her request, we got married by the Justice of Peace last April Fools day. It was NO JOKE! She didn't even tell her mom... "It's a Secret"!
She took the picture of us with the rings on (in front of the judge) and made them into postcards...

Her mom found out from a call from her uncle about a two weeks later- "Have you Checked Your mail?"
Her mom was not happy to find out that "her Daughter got married" from a POSTCARD. :confused: But thought because the date on it was "April Fools Day", that maybe it was all a joke!
My "better half" played them all off and wouldn't give them a straight answer.

FFWD a few months-
We put off our Honeymoon because of financial problems... Problems only got worse after finding out "we" had been putting "bills" on New credit cards, and always paying minimum, and on time! So we were always getting more card offers in the mail- that "We" used to pay more bills. Grrrr..... Yeah, I contacted an attorney.

We were spending over $2000 a month on just C.C. interest + Fees!
We only take home about $4000 a month and are raising 3 kids. By summer we went into bankruptcy. I wanted a "Ceremony and Actual Honeymoon" or an annulment by Christmas... I got neither :mad: She's never acted married, and nothing has changed- we have a legal piece of paper that means NOTHING to her! And it's meaning less and less to me each day... I'm not planning on leaving her ever, so please don't suggest that. We are a couple, but she just doesn't want to be married. (WOMEN! :p I will never figure them out!)

Enough background- Now my question is this -
"IF we get an annulment, is it as if we were never LEGALLY married?"

The reason I ask- On our taxes, if I claim Head of Household (as I've always done since our kids earn us EIC) I get $3000. If she claims single, she gets $500 back. If we file together as married, we lose ALL THAT MONEY! -But if it was annulled, I could claim the EIC and the state and fed would tax us $3k-$4k LESS per year!

Thanks Marriage Tax! I guess it really pays to live in sin! :cool:
 


Ohiogal

Queen Bee
YOu have to claim married on this year's taxes. End of story. You were married as of December 31. You also do not have a case for an annulment. What exactly did you expect for her to ACT Married? You have children. YOu live together. You comingle finances. A honeymoon? :confused:
 

LdiJ

Senior Member
What is the name of your state? MN
My "Girlfriend/Wife/Secretary/Better Half" and I have lived together for 13 years! She's very "ECCENTRIC" as she calls it... You'll see why everyone agrees with her! :p We have 2 boys together (3 + 10) and my daughter (15) is from my first marriage- but I pay A LOT in support, and we see her every week! We are a very religious-yet understanding family, and it keeps us together!

The GF never wanted to get married before, and told everyone that! Unfortunately she said "YES!" one day last spring :eek:
(I only asked about a hundred times before this -and 2 engagement rings.)

Upon her request, we got married by the Justice of Peace last April Fools day. It was NO JOKE! She didn't even tell her mom... "It's a Secret"!
She took the picture of us with the rings on (in front of the judge) and made them into postcards...

Her mom found out from a call from her uncle about a two weeks later- "Have you Checked Your mail?"
Her mom was not happy to find out that "her Daughter got married" from a POSTCARD. :confused: But thought because the date on it was "April Fools Day", that maybe it was all a joke!
My "better half" played them all off and wouldn't give them a straight answer.

FFWD a few months-
We put off our Honeymoon because of financial problems... Problems only got worse after finding out "we" had been putting "bills" on New credit cards, and always paying minimum, and on time! So we were always getting more card offers in the mail- that "We" used to pay more bills. Grrrr..... Yeah, I contacted an attorney.

We were spending over $2000 a month on just C.C. interest + Fees!
We only take home about $4000 a month and are raising 3 kids. By summer we went into bankruptcy. I wanted a "Ceremony and Actual Honeymoon" or an annulment by Christmas... I got neither :mad: She's never acted married, and nothing has changed- we have a legal piece of paper that means NOTHING to her! And it's meaning less and less to me each day... I'm not planning on leaving her ever, so please don't suggest that. We are a couple, but she just doesn't want to be married. (WOMEN! :p I will never figure them out!)

Enough background- Now my question is this -
"IF we get an annulment, is it as if we were never LEGALLY married?"

The reason I ask- On our taxes, if I claim Head of Household (as I've always done since our kids earn us EIC) I get $3000. If she claims single, she gets $500 back. If we file together as married, we lose ALL THAT MONEY! -But if it was annulled, I could claim the EIC and the state and fed would tax us $3k-$4k LESS per year!

Thanks Marriage Tax! I guess it really pays to live in sin!
:cool:
If you file that way for 2008, you will be committing tax fraud. Your choices are married filing jointly, or married filing separately...neither of which apparently will get you any EIC.

If you haven't run the numbers for married filing jointly, you should do so.

Its highly unlikely that you could get an annulment. You are married, with children.
 

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