Filing Status

[sanpet]

What is the name of your state (only U.S. law)? Florida

My husband left our 29 year marriage during the last week of June 2008. We have a house, 2 children (over 18 less than 23, both full time students). It seems that I qualify for Head of Household filing status. There is no LEGAL separation in Florida and we are in the process of filling out the papers for divorce (uncontested). I have been paying the mortgage, and all household expenses. He is renting his own place and does not contribute to any of my household expenses. I am planning to file head of household and take all deductions and credits. What filing status should my husband use? Single or Married filing single? If he uses Married filing single, he cannot take the standard deduction because I will definitely be itemizing. What are your suggestions?
Thanks

 

[FlyingRon]

Get a tax advisor familiar with divorces.

It's "married filing seperately" and that's the only thing he can legally file.
He's married, he's not head of household, and you're not filing jointly with him.

 

[sanpet]

Thank you. I did mean to write Married filing separate, not single
It looks like my husband will have a lot of taxes to pay. Maybe his girlfriend will help him pay. I hope she was worth it!

 

[sanpet]

Another question for FlyingRon

Hi, It's me again. Relating to my first question, I understand that my husband must file as 'married-filing separate'. With that, it states that since I am itemizing deductions on my return, he can not take the standard deduction. Can he itemize deductions though? Or does he not take any deductions at all?
Thanks.

 

[LdiJ]

Hi, It's me again. Relating to my first question, I understand that my husband must file as 'married-filing separate'. With that, it states that since I am itemizing deductions on my return, he can not take the standard deduction. Can he itemize deductions though? Or does he not take any deductions at all?
Thanks.

He can itemize deductions, however you do realize that its basically none of your business what he does with his tax return, don't you? Just as its none of his business what you do with yours.

Keep in mind though, that the judge may very well order you to file a joint return for 2008.

 

[TinkerBelleLuvr]

If you are itemizing your tax return, the other spouse must do the same.

 

[sanpet]

Thank you LdiJ

Interesting perspective. I agree that it's not my business but I am doing his taxes for him as he has never done anything for himself. In other words, I have taken care of the family business for 29+ years. he has not ever even bought his own underwear! Also I am not comfortable with him screwing things up. He is not trustworthy. And if a judge orders us to file joint returns, then it becomes my business doesn't it? By the way, we are not divorced yet.
I appreciate your help.
Any comment FlyingRon?

 

[TinkerBelleLuvr]

Ldij, I'm surprised that they could order that they file jointly.

 

[FlyingRon]

If you are itemizing your tax return, the other spouse must do the same.

More precisely, they can't take the standard deduction.

 

[davew128]

Ldij, I'm surprised that they could order that they file jointly.

The judge can order anything he wants. As a once prominent President once said, if he wants it to happen, he can enforce it himself. The IRS certainly isn't bound by the order and any repercussions for not following the order would have to come from that judge, but ultimately he really can't enforce it.

 

[sanpet]

Glad you are having fun

I'm glad you are all having fun with this. Firstly, let me say that I haven't even filed for divorce yet. I'm planning on filing my taxes and so is my husband way before our uncontested divorce papers are even finished being filled out. With that being said, why are you discussing my divorce more so than answering my tax questions? Our taxes for 2008 will be done and over with before we even get these papers filed. My original questions are regarding filing status and standard/itemized deductions. From what you are all discussing, it is my contention that I will file HOH, he will file Married/separate and we are both itemizing deductions. Is this correct? Let's keep it simple. One thing at a time please.
Thank you

 

[LdiJ]

Ldij, I'm surprised that they could order that they file jointly.

Its a totally illegal order when it happens, but state court judges honestly do not care about legality under the tax code and they have the power to punish a person who does not obey their orders...unless that person has both the means and the desire to push things into the higher courts.

I have a client who claimed head of household and claimed the children for 2007. She did so in February of 2007, and it was absolutely clear that she had the right to do so. Not only did she have the right under the tax code but she had clearly provided the majority of the children's support for 2007.

However, the judge, in SEPTEMBER of 2008 ordered her to amend her 2007 tax returns to take the children off, so that dad could claim them. It was a blatantly illegal order, but the judge made it clear that if she did not comply she would be facing harsh consequences. The judge was ordering back support to dad, and as far as the judge was concerned that meant that dad deserved the tax exemption.

She has to pay back almost 3k to the IRS.

I will be thrilled when the IRS finally makes good on their threats and does completely away with form 8332...so that state court judges are forced to take tax exemptions into consideration when making child support orders, and no longer have any power to enforce illegal tax decisions.

 

[LdiJ]

I'm glad you are all having fun with this. Firstly, let me say that I haven't even filed for divorce yet. I'm planning on filing my taxes and so is my husband way before our uncontested divorce papers are even finished being filled out. With that being said, why are you discussing my divorce more so than answering my tax questions? Our taxes for 2008 will be done and over with before we even get these papers filed. My original questions are regarding filing status and standard/itemized deductions. From what you are all discussing, it is my contention that I will file HOH, he will file Married/separate and we are both itemizing deductions. Is this correct? Let's keep it simple. One thing at a time please.
Thank you

Yes, that is correct under the tax code. You would be head of household and entitled to all benefits/deductions accordingly, and he would have to file married filing separately and also itemize.

However, what you do not grasp is that following the tax code, particularly if you are doing his taxes, could put you in a precarious position with the state court judge...particularly if your husband decides to fight you..or gets an attorney who decides to fight you.

You really should not be doing his taxes. You should do your own based on the tax code, but you should NOT be directly involved in his.