mscatzie said:
Regarding my previous post on Tax Information.
Want I wanted to know was not only can my husband get the deductions for the children but can he also get the deductions for the house and Medical Bills (which were very high this year).
We never went to court, so I do not know if the the money he gives me for child support totals over 51%.
I have complete custody and work, and from the calculations I have been able to figure out, he gives me the exact amount by law that he has to according to our incomes.
Sorry, got involved in signing some papers and finished in a hurry. Also, you've asked additional questions.
Since you are still legally married, of course you can file a joint return, but you would have to work out the ground rules, which might prove difficult. If you're on amicable enough terms, maybe you can work it out.
Here's what the IRS site states in its FAQs:
"My spouse and I are filing separate returns. How can we split our itemized deductions?
If you and your spouse file separate returns and one of you itemizes deductions, the other spouse will have a standard deduction of zero. Therefore, the other spouse should also itemize deductions.
You may be able to claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse. Deductible expenses that are paid out of separate funds, such as medical expenses, are deductible by the spouse who pays them. If these expenses are paid from community funds, the deduction may depend on whether or not you live in a community property state. In a community property state, the deduction is divided equally between you and your spouse. Otherwise, refer to Publication 504, Divorced or Separated Individuals, for how to allocate the expenses."
Hopefully you've paid 51% of the children's support (that's usually, but not always true of the parent with whom the child resides). If you get the deductions, you also can file the Additional Child Credit, and possibly be eligible for Earned Income Credit as well.
While your medical expenses might have seemed enormous (aren't they though??), it's unlikely they'll make much difference. The only portion deductible is the amount OVER 7.5% of your gross adjusted income.
Having been to court would have no bearing on whether he pays 51% of the support. You need to sit down and list every single dollar that is spent because of or directly on the children to determine that. Don't be afraid to list every little item-they add up. Once you come up with a figure, since you know how much he pays you, it would be simple to determine who pays 51%. Hope you're a record keeper--it always pays to keep detailed records of income/outgo. Good luck!
