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Nan~C | Can I file married/seperate & claim stepson to avoid husbands taxes from being intercepted?(child support)? |
Additional Details
My son lives with his father & stepmom starting in Jan,2007. He owes me $16000 in child support arrears and Florida will intecept returns and give them to me. I am wondering if my ex (self employed) & his wife(unemployed) can file seperate returns (with his wife claiming my son as her dependent)so that the IRS will not have any money to take to give to me.
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Sheila
 |
Yes. Or file as married jointly with the injured spouse form included. This would allow you to get your portion of the refund and his to pay towards debt that is owed. |
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paige6982
 |
He needs to pay his support and how dare you try to help him get away with this! He made the kid make him pay for it too! If you help him u should be left with 10 kids and a dead beat dad like the one u are trying to help! |
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bostonianinmo
 |
Since the child lives with the father, the father and his wife would normally claim the child on a joint return. If they file seaprate returns, the wife CAN claim your son on her separate return as a step child is treated the same as a natural child for tax purposes.
I just re-read your additional details and am correcting my answer. Sit tight for a few, please.
Since he is the breadwinner it really doesn't matter how they file, any refund can be captured. If they file separately he'll be paying much more total tax though he'd not be the first deadbeat parent to do that out of spite -- they'd rather pay Uncle Sam than pay for their own kids. There's nothing that you can do to force that issue either, sorry.
Her claiming the child on a separate return would be irrelevant as she has no taxable income to be offset by the exemption for the child. He'd pay even more tax that way, but again you can't force the issue.
Most self-employed folks don't get a refund anyway, if they know what they're doing. They pay in an amount equal to the prior year's tax liability and make up the difference when they file. That avoids penalties regardless of what they owe. Again, there's nothing that you can do to force the issue. If there is an excess, it's usually applied to the next year's tax liability and therefore isn't subject to capture.
How YOU file your tax return has NO affect on their tax return so it would usually not be in your best interest to file a separate return yourself. |
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Solange
 |
The stepmother can not file if she has no income. The ex-husband would be stupid to not claim his child and wife as dependents. If he did, he would owe SO much more.
You will get their refund, if any.
You will get their rebate (the one we're all getting) also. |
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v b
 |
MFS is okay, but realize:
a) the debt is still out there and needs to be paid.
b) filing MFS has limited credits/deductions.
c) if you live in a community property state, you still must include 1/2 of your husband's income on the return. |
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HEATHER
|
Wow, it seems like no one is understanding what the original poster is asking.
She has an ex husband. Who owes her back child support for their son. The son lived with her ex and his new wife for all of 2007. She is now asking if the ex's new wife can do married filing separately, have ex's new wife claim the son on ex's new wife's return, instead of her ex claiming the son on his return. All in the order to get around her ex getting money coming back that would be consequently confiscated and given to the original poster for back child support.
What I don't understand is if the ex and new wife did MFS, what is she going to have to file? It says that she is unemployed. If she was the entire year, she is not going to have anything to file separately! |
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snjas1
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It does not matter what tax return the child is claimed on, if he owes arrears, as soon as his social shows up in the IRS system, and the Child Support office has told them to intercept, they will. |
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T K
|
Whose son is it? If it's yours, you'd file HOH, not MFS. However, the IRS would frown on that filing status if you are actually married.
Filing MFS would deny you certain credits, including the earned income credit.
The best answer, already given, is to file as an injured/innocent spouse. I'm not sure which and I always get the two confused. Search it at www.irs.gov. |
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bic
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that's illegal. he should pay up. |
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