filing once you are married

[moetbj]

What is the name of your state? Missouri

I am a single parent of one - I always claim Head of Household - I am getting married next month - hubby is vacationing in "Club Fed" this of course = no income on his part - how should I file next year in order to get the best tax return? I am used to getting around 3000- 4000 back from Federal and a couple of hundred back from state each year....Thanks!

[abezon]

Once you are married, your filing options are limited to married joint & married separate. If you file separately, you cannot claim earned income credit & lose a bunch of other credits. If you file jointly, you have to include both spouses' incomes & may end up getting less EIC.

In general, if both people are working, it's better to stay single for tax purposes. (Yes, the gov't will pay you to live in sin.) Another consideration is finance's legal troubles. He will probably have fines/restitution to pay. If he's married, your income will be considered when the state determines how much he can afford to pay each month. Same thing for child support if he has kids from a prior relationship.

I suggest you take last year's returns to your tax pro & find out how marrying will affect your taxes. It might not have much affect in 2006, but you have to consider 2007 & on as well.

[moetbj]

Thank you for your professional and courteous reply. Can't say much for the responses i got when i posted a question in the forum in regards to his child support. I consultated with my tax guy and he gave me all necessary info - he has no restitution or fines, this has already been taken care of. Thanks!

Originally Posted by abezon

Once you are married, your filing options are limited to married joint & married separate. If you file separately, you cannot claim earned income credit & lose a bunch of other credits. If you file jointly, you have to include both spouses' incomes & may end up getting less EIC.

In general, if both people are working, it's better to stay single for tax purposes. (Yes, the gov't will pay you to live in sin.) Another consideration is finance's legal troubles. He will probably have fines/restitution to pay. If he's married, your income will be considered when the state determines how much he can afford to pay each month. Same thing for child support if he has kids from a prior relationship.

I suggest you take last year's returns to your tax pro & find out how marrying will affect your taxes. It might not have much affect in 2006, but you have to consider 2007 & on as well.

[angfarm]

In Missouri, child support is based only on the parents income and is not calculated with the step parents income. IF he owes back child support, back taxes, or unpaid student loans and you are married they will take it from your refund unless you file a "Injured spouse form 8379" which will delay your refund for 3 months and up to 6 months in some cases.

[abezon]

Actually, the state in which the kids reside is the controlling law.

Since he's been incarcerated, he almost certainly has back child support issues. I would advise you not to marry until these are caught up. Actually, I advise any couple with kids not to marry if both work & at least one person has income under $35,000. A couple with 3 kids who each make $20,000 will lose over $4,000 in refunds each year by getting married. !! That's money that could be spent on necessities or even tucked away into a college fund. Some people have a religious ceremony but don't sign a marriage certificate, so they aren't legally married. Except in common law states, but those are far away from me so I haven't encountered them.