My right for filing taxes as Married Filing Joint

[mimi3311]

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

Please anyone share your knowledge and help me to educate to do right thing.
I left house June/2009 and filed divorce on same day. Divorce has not finalized yet. We have 2 minor children and own a house together. (stbx lives that house and pay mortgage and property tax) I am a custodial parent.
We filed tax for 2009 Married Filing Joint last year and he gave me 25% of the refund at last. He insisted filing separately and claim both of children this year, too. (tax for 2010) But now he wants to file married joint.

My question is : Do I have right to get some refund for my portion, if he file
married joint ?
If so, what % is reasonable to ask ?

* If I file separately and claim both of children on my tax, my refund willl be about $ 550 according Turbo Tax and H&R Block.

Any answer will be helpful, thank you very much for your time.

 

[CourtClerk]

Why should you claim both children?

 

[tranquility]

You were outside of the house for six months after filing for divorce and filed MFJ last year? I think you should see a tax professional.

 

[mistoffolees]

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

Please anyone share your knowledge and help me to educate to do right thing.
I left house June/2009 and filed divorce on same day. Divorce has not finalized yet. We have 2 minor children and own a house together. (stbx lives that house and pay mortgage and property tax) I am a custodial parent.
We filed tax for 2009 Married Filing Joint last year and he gave me 25% of the refund at last. He insisted filing separately and claim both of children this year, too. (tax for 2010) But now he wants to file married joint.

My question is : Do I have right to get some refund for my portion, if he file
married joint ?
If so, what % is reasonable to ask ?

* If I file separately and claim both of children on my tax, my refund willl be about $ 550 according Turbo Tax and H&R Block.

Any answer will be helpful, thank you very much for your time.

If he filed married, joint, then the refund is a marital asset and would be split like any other marital asset. However, if it has been spent on household living expenses or legal fees, there may be nothing left - and there would be nothing you could do about it.

As always in cases like this, I recommend that the two of you be adults. Figure the taxes both as filing separately and as joint and then figure out what makes the most sense AS A COUPLE (you are still married). I would suggest that you figure out how much each of you would get back (or pay) if filing separately and how much you'd get back as a couple. If filing separately is better, then do so. If filing jointly is better, then work out a compromise on how to split the refund.

If you are unable to do that, then you can file separately if you wish. If there's a court order on the deductions, then follow it. If there's no court order, follow IRS rules (whoever has each child >50% of the time gets the deduction for that child). HOWEVER, your stbx could challenge that and drive up legal bills for both of you, so you really should choose the above approach and try to act like adults.

 

[LdiJ]

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

Please anyone share your knowledge and help me to educate to do right thing.
I left house June/2009 and filed divorce on same day. Divorce has not finalized yet. We have 2 minor children and own a house together. (stbx lives that house and pay mortgage and property tax) I am a custodial parent.
We filed tax for 2009 Married Filing Joint last year and he gave me 25% of the refund at last. He insisted filing separately and claim both of children this year, too. (tax for 2010) But now he wants to file married joint.

My question is : Do I have right to get some refund for my portion, if he file
married joint ?
If so, what % is reasonable to ask ?

* If I file separately and claim both of children on my tax, my refund willl be about $ 550 according Turbo Tax and H&R Block.

Any answer will be helpful, thank you very much for your time.

Mimi, like Tranq said, go see a tax professional. IF the children live primarily with you AND you have been separated from your husband since June, you could qualify to file as head of household, rather than married filing separately, and that could make a huge difference in your refund.

 

[mimi3311]

Thank you very much for your advises and time to all.

I went to 3 different Tax Professionals and am sure that I qualify status of HOH and claim my children on my tax.
But I try to be fair/adult and do the best/benefitically way for both of us, even he never done that way to me.

There are emotional issues involved, I finally left him with children and escaped to DV Shelter after nearly 11 years of marriage for my and chldren's safe. He has been controlled everything and I have been just patient and compromised with everything. (financial, physical, emotional abuse) It was just miserable and painful 11 years.
He owes a big amount of money to me and my family, never repaid. he never paid C/S & S/S even I decreased $350 a month from calculation of DissoMaster until filed garnishment. Even though he pays only 80 % of the amount of the court order.( has Arrears) He still keeps enjoying to play his phycho game to harras and intimidate me, but sad and painful part to me is he uses the children to achieve his game and a lot of more,,,,,,.

I am ok to file as married joint that he wants, however I am sure he just keep return and that's it. So I want to know my right for my portion.
So I can nagotiate him reasonably and fairly.

One idea in my head is :
I will get $550 which supposed to be refunded to me if I file HOH with claiming 2 children, the all of rest is his refund. However I request him to repay 50 % of refund to my family he owes. If he doesn't agree it, each of us file separately following the rule of IRS.

This is rough my estimate if he file: Married Joint $5,000 return
Married Separate with 2 children $1,800
Single unknown maybe less
than $1,000
So, he still get extra, I will get $0 but no lose, My family gets some payment.

Does it sound crazy or agressive ?

I know my questions is a little funny and crazy but any response will be appreciate. Thank you very much.