Tax claims...

[STEPHANIEJONES]

What is the name of your state? Alabama

Me and my son moved out of my husbands house in February, he got a job in June and is still claiming me and my son on his taxes. I just want to make sure this is legal. We were legally separated in June and are now getting a divorce. I dont really know that much about all of this...so please any help would be appreciated!

 

[TinkerBelleLuvr]

What he claims on his W-4 only determines the amount of federal withholding taxes taken out. If he doesn't have enough taxes taken out, then guess what, he'll owe - NOT YOUR problem.

Question: will you be divorced by year end?

 

[STEPHANIEJONES]

Thanks for the info...

Hopefully I will be divorced by the end of the year. I just wanted to make sure I couldnt get into trouble for this. Thanks so much!

 

[FlyingRon]

If he files a tax return with the same SSN that the other person claims is a dependent, the IRS most likely will find out and send a nice letter with an oppurtunity to file a 1040X to remove the extraneous exemption.

 

[STEPHANIEJONES]

Heres the story...

We got married in January, unfortunately. By February we were legally separated. I moved back in with my parents. (me and my son) He didnt get this job until June or so. So, he really hasnt been held responsible for us this year. Shouldnt my parents be able to claim me and my son???

 

[TinkerBelleLuvr]

Let start with this: have you worked this year?

 

[STEPHANIEJONES]

Ginny J

On and off, for the majority of the year I have just cleaned houses (worked for myself).

 

[abezon]

1. Because you are legally separated, for tax purposes your marital status is "single." You cannot legally file a joint return with your soon-to-be ex.

2. Your filing status will be either single or head of household. Since you lived with your parents, you're unlikely to qualilfy as HH.

3. Depending on your age and/or gross income, you may actually be a dependent of your parents, in which case you could not claim your son on your return. In this case, your parents could claim both you an your son.

3. Even if you are not a dependent of your parents, your parents may be able to claim your son as a dependent if he lived with them for more than 6 months during 2007, if you let them.

4. Your tax situation is actually fairly complicated, so I suggest you AND your parents go to the same experienced tax pro this spring to find out who is a qualifying child of whom & to work your & thier returns in multiple ways to make sure the maximum amount of money is sent to the house. It's perfectly legal for you to let them claim your son if they get a bigger tax benefit from doing so. It would be nice if they reimburse you for the money you lose by doing so.

 

[TinkerBelleLuvr]

1. Because you are legally separated, for tax purposes your marital status is "single." You cannot legally file a joint return with your soon-to-be ex.

sorry, disagree here ... she's IN PROCESS of a divorce - she has a choice of MFJ, MFS, or possibly HOH.

If Divorce is final before the end of the year, she can file either Single or HOH (depending on whether SHE provided more than 1/2 the support of the child.)

 

[CJane]

I'm also a little bit confused about a few things and perhaps OP can clear them up.

Firstly, in one post, you state that you were legally separated in June, in another you state that you were legally separated in February.

Alabama DOES allow for legal separation (not all states do) but it has to be by order of the court. See this statute:

http://www.divorceinfo.com/allegalseparation.htm

§ 30-2-40. Decree of legal separation

(a) The court shall enter a decree of legal separation if all of the following requirements are satisfied:

(1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met.

(2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart.

(3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration.

(b) A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties.

(c) If a party files a complaint for a decree of legal separation rather than a decree of dissolution of marriage, the court may grant the legal separation. The terms of a legal separation can be modified or dissolved only by written consent of both parties and ratification by the court or by court order upon proof of a material change of circumstances. A proceeding or judgment for legal separation shall not bar either party from later instituting an action for dissolution of the marriage.

(d) The court shall order that the terms of the legal separation relating to alimony or a property settlement be incorporated into a final divorce decree only if agreed to by the parties. Otherwise, the court may consider, but is not bound by, the provisions of the legal separation relating to alimony or a property settlement upon a final dissolution of the marriage.

(e) If either party to a legal separation later institutes an action for dissolution of the marriage, the best interest of the child standard shall apply to the determination of child custody.

(f) Upon written consent by both parties, after entry of a decree of legal separation, all of the following provisions shall apply:

(1) The earnings or accumulations, including the retirement benefits, of each party received after the entry of the decree of legal separation are the separate property of the party acquiring the earnings or accumulations, and shall not be considered by the court in a subsequent divorce action.

(2) A spouse may convey his or her real estate without the signature or consent of the other spouse.

(3) Each spouse may waive all rights to inheritance from the other spouse pursuant to Section 43-8-72.

(g) Court costs for a legal separation may be assessed as if a dissolution of the marriage was requested and may be taxed by the court accordingly.

Also, OP does not say her parents are supporting her... only that she lives with them. Whether or not they can claim her OR her son depends largely on how much of hers and the child's support the grandparents are providing.

 

[STEPHANIEJONES]

I'm also a little bit confused about a few things and perhaps OP can clear them up.

Firstly, in one post, you state that you were legally separated in June, in another you state that you were legally separated in February.

Alabama DOES allow for legal separation (not all states do) but it has to be by order of the court. See this statute:

http://www.divorceinfo.com/allegalseparation.htm



Also, OP does not say her parents are supporting her... only that she lives with them. Whether or not they can claim her OR her son depends largely on how much of hers and the child's support the grandparents are providing.

NO Cjane...Get things right. Maybe you need to study a little harder. I SAID he got the job in June....we have been separated since Feb. Theres no way I have said that we separated in June. Because thats not the truth. That thought has never crossed my mind of even saying that. Thanks for all of the other advice (abezon and ginnyj) it is very appreciated. my mom is going to claim me and my son on her taxes becuase we have lived here since feb. and im not even going to say anything to my soon to be ex...ill just let the irs handle it. That way I dont have to fight with him. Thanks so much!

 

[VeronicaLodge]

wow why are you being so hostile to someone trying to give you free advice? even if she got what you said wrong, thats no reason for being so hostile. sheesh.

 

[TinkerBelleLuvr]

OP - The money that you make cleaning houses is taxable income. If your net profit from your job is more than $400.28, you must file a tax return. If your net income is greater than the amount for a dependent exemption, you will NOT be able to be claimed by your parents.

 

[STEPHANIEJONES]

Thanks Ginny J!

 

[abezon]

I said,

1. Because you are legally separated, for tax purposes your marital status is "single." You cannot legally file a joint return with your soon-to-be ex.

Then Ginny said,

sorry, disagree here ... she's IN PROCESS of a divorce - she has a choice of MFJ, MFS, or possibly HOH.

If Divorce is final before the end of the year, she can file either Single or HOH (depending on whether SHE provided more than 1/2 the support of the child.)

And I respond,
Ginny, Ginny, Ginny. I teach this stuff for a living. From Pub. 501:

"Marital Status
In general, your filing status depends on whether you are considered unmarried or married. For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife.

Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree.

State law governs whether you are married or legally separated under a divorce or separate maintenance decree.

Divorced persons. If you are divorced under a final decree by the last day of the year, you are considered unmarried for the whole year. [emphasis added]
* * * "

Our poster used the magic words "legally separated." In my experience, this is not a phrase people throw around during a divorce, but denotes an actual court separation. Now, she may be wrong in describing herself as 'legally separated,' but unless she's misdescribing her legal separation status, for tax purposes she is unmarried. Period.