Tax refund

[Sad Scooter]

What is the name of your state? Oklahoma
My wife left the family right after Christmas. I have all 3 children under the age of 6. My wife has never worked. We are NOT legally seperated or divorced. My question is... is she intitled to any of my tax refund.

 

[seniorjudge]

How did you file?

Married?

Separately?

Married filing separately?

 

[Sad Scooter]

I have not filed at this time. I plan on filing as soon as I get my W2.

Do you know if I can still claim her as a dependant?

 

[Ohiogal]

The tax refund is MARITAL property. So she has a claim to half of it. Can you claim her as a dependent? Is she filing taxes herself? If so then no. And if you do claim her why the heck wouldn't she be entitled to a portion of any refund?

 

[LdiJ]

The tax refund is MARITAL property. So she has a claim to half of it. Can you claim her as a dependent? Is she filing taxes herself? If so then no. And if you do claim her why the heck wouldn't she be entitled to a portion of any refund?

OG...a spouse can NEVER claim the other spouse as a dependent. Nor would it even be advantageous if they could do so. Married filing jointly is far more advantageous than it would be to claim a spouse as a dependent, even if that were allowed.

Sad Scooter, I responded to your post on the tax forum with the info that you need. OG, you might want to read it too...I am not disagreeing with you in theory or legality, because you got both of those right (just not the nitty gritty details)....but Sad Scooter doesn't understand the financial ramifications of what he wants to do.

I had a client just like Sad Scooter tonite....If he filed married filing separately, even with claiming his children he OWED taxes. However, married filing jointly netted them a 3k tax refund. So...his choices were pay the IRS, or split a 3k refund with his ex.....

Obviously that one was a "no brainer"...but he still didn't "get it" for a while that the refund wouldn't happen without his stbx's signature on a joint return and that the refund check couldn't be cashed without her cooperation as well.

 

[Ohiogal]

OG...a spouse can NEVER claim the other spouse as a dependent. Nor would it even be advantageous if they could do so. Married filing jointly is far more advantageous than it would be to claim a spouse as a dependent, even if that were allowed.

Sad Scooter, I responded to your post on the tax forum with the info that you need. OG, you might want to read it too...I am not disagreeing with you in theory or legality, because you got both of those right (just not the nitty gritty details)....but Sad Scooter doesn't understand the financial ramifications of what he wants to do.

I had a client just like Sad Scooter tonite....If he filed married filing separately, even with claiming his children he OWED taxes. However, married filing jointly netted them a 3k tax refund. So...his choices were pay the IRS, or split a 3k refund with his ex.....

Obviously that one was a "no brainer"...but he still didn't "get it" for a while that the refund wouldn't happen without his stbx's signature on a joint return and that the refund check couldn't be cashed without her cooperation as well.

I didn't mean dependent. I meant use her as an exemption. Vicodin is great. Makes me cloudy. Damn wisdom tooth. I don't do taxes and I dont' give tax advice. I tell people who ask me general information about what they need to do and that they should meet with an accountant or, if they can't afford that, invest in Turbotax and try that method of running different numbers. I work with a lot of poor people so Turbotax is usually good enough.

But either way the tax refund -- if any -- is MARITAL property.

 

[Bali Hai]

OG...a spouse can NEVER claim the other spouse as a dependent. Nor would it even be advantageous if they could do so. Married filing jointly is far more advantageous than it would be to claim a spouse as a dependent, even if that were allowed.

Sad Scooter, I responded to your post on the tax forum with the info that you need. OG, you might want to read it too...I am not disagreeing with you in theory or legality, because you got both of those right (just not the nitty gritty details)....but Sad Scooter doesn't understand the financial ramifications of what he wants to do.

I had a client just like Sad Scooter tonite....If he filed married filing separately, even with claiming his children he OWED taxes. However, married filing jointly netted them a 3k tax refund. So...his choices were pay the IRS, or split a 3k refund with his ex.....

Obviously that one was a "no brainer"...but he still didn't "get it" for a while that the refund wouldn't happen without his stbx's signature on a joint return and that the refund check couldn't be cashed without her cooperation as well.

If the wife is as stupid as she sounds, she probably isn't even thinking about filing a tax return.

OP files online and has the refund deposited into a new account. When the money shows up within a couple of weeks, he has already made arrangements to take the children to Disney World.

He may have to give half of the $1600 our government gives him in May because the wife will have undoubtedly wised up by then.

I don't know why the hell you people dwell on making life so complicated!!

 

[Isis1]

If the wife is as stupid as she sounds, she probably isn't even thinking about filing a tax return.

OP files online and has the refund deposited into a new account. When the money shows up within a couple of weeks, he has already made arrangements to take the children to Disney World.

He may have to give half of the $1600 our government gives him in May because the wife will have undoubtedly wised up by then.

I don't know why the hell you people dwell on making life so complicated!!

talk about lack of ethics. isn't this a "how can i screw the other party as much as possible" mentality, or is it just me?

 

[Bali Hai]

talk about lack of ethics. isn't this a "how can i screw the other party as much as possible" mentality, or is it just me?

The wife left the husband and three small children. You want to reward her with ethics???

"how can i screw the other party as much as possible" is only allowed by wives and courts. The harder OP fights her the harder the court will be on him and he is about to find this out sooner than he realizes.

 

[Isis1]

The wife left the husband and three small children. You want to reward her with ethics???

"how can i screw the other party as much as possible" is only allowed by wives and courts. The harder OP fights her the harder the court will be on him and he is about to find this out sooner than he realizes.

and when men do it...it's okay right? she wasn't working, which means she didn't have money or a roof over her head and that of her children. it was responsible of her to leave the children in the home they grew up in as opposed to hauling them to a shelter or out on the street.
to give advice to withhold funds the other party is legally entitled to is unethical. why advise someone to do something he may end up suffering for later?

 

[Bali Hai]

and when men do it...it's okay right?

No it is not, and that is not an argument.

she wasn't working, which means she didn't have money or a roof over her head and that of her children.

That makes her not only stupid but a fool, and yes I'm aware that the family laws are set up to take care of fools.

it was responsible of her to leave the children in the home they grew up in as opposed to hauling them to a shelter or out on the street.

How do you know where she went??

to give advice to withhold funds the other party is legally entitled to is unethical. why advise someone to do something he may end up suffering for later?

Because it will make him and the kids feel better NOW!

I didn't read where a divorce action was pending or even filed. He can certainly take his kids on a vacation.

 

[LdiJ]

If the wife is as stupid as she sounds, she probably isn't even thinking about filing a tax return.

OP files online and has the refund deposited into a new account. When the money shows up within a couple of weeks, he has already made arrangements to take the children to Disney World.

He may have to give half of the $1600 our government gives him in May because the wife will have undoubtedly wised up by then.

I don't know why the hell you people dwell on making life so complicated!!

And that is called tax fraud...which is seriously punishable by fines and penalties, and could even result in jail time.

Please don't comment on tax questions Bali...because your advice could hurt someone badly. I am a professional tax consultant.

Yes, people can do all kinds of illegal things with online filing....and seriously suffer the consequences a year or two later. Its NEVER worth it.

He can't do what you are suggesting that he do without committing blantant identity theft or blatant tax fraud.

 

[Bali Hai]

And that is called tax fraud...which is seriously punishable by fines and penalties, and could even result in jail time.

Please don't comment on tax questions Bali...because your advice could hurt someone badly. I am a professional tax consultant.

Yes, people can do all kinds of illegal things with online filing....and seriously suffer the consequences a year or two later. Its NEVER worth it.

Are you saying this man cannot file his taxes as he has always done in the past? The 2007 tax year was over when his irresponsible peanut brain wife left.

You're saying that she can raise a stink about online filing years later??

Well what the hell prevents ANYONE from doing that years later when they get a bug up their ass?

 

[Ohiogal]

Are you saying this man cannot file his taxes as he has always done in the past? The 2007 tax year was over when his irresponsible peanut brain wife left.

You're saying that she can raise a stink about online filing years later??

Well what the hell prevents ANYONE from doing that years later when they get a bug up their ass?

I think LD was reading this as he should file married filed jointly online so not needing to prove wifey's signature. Though if he filed married filing separately it would NOT be tax fraud.

 

[Bali Hai]

I think LD was reading this as he should file married filed jointly online so not needing to prove wifey's signature. Though if he filed married filing separately it would NOT be tax fraud.

I'm pretty certain he has filed married filing jointly in the past, what prevents him from doing so for tax year 2007??