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Maher C | Can i claim my x wife and my step kids in Taxes? |
I am sergeant in the united states army , I just came from deployment for 8 months in iraq
me and my wife are getting divorced , it will be finalled in the begining of january , just waiting for the judge to sign the papers. I dont know how much i made this year becuase most of my LES were taxes free , but i was the house hold income and she was not working, until the middle of NOV. I was paying for everything. She was taking my whole checks for bills, on her , her kids (she has 2 kids) and the house. I think i will make this year almost 32000 $ not sure waiting for the w2 in Januray. Now i know i can file taxes as married but separated but can i claim her and her kids cause i was the one who is paying for everything?. or i should file the taxes as single and if i did that will i get money back or i will have to pay ? cause the army was paying me as married with dependents.
Also one more question , will she get money back although she only worked for 2 months or less this year by claiming the kids? she doesnt want to filled the taxes together.
Thanks for your help by answering my questions
Regards |
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SirCharlie
 |
First of all, Thank You for your service to our country, and wish I could shake your hand.
Please check your divorce papers. When I divorced 10 years ago, I had my attorney put in the paperwork that we would rotate even and odd years as to who would claim our child. Perhaps your attorney has stipulated something similar to that in the paperwork.
Please check with your Captain for a consultation with an attorney on your Army Depot. That consultation is free.
Good luck to you. |
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bostonianinmo
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Since you won't be divorced by Dec 31st, your only options are Married Filing Jointly and Married Filing Separately. In the vast majority of cases, you will work out best by filing Married Filing Jointly. Since most of your income is exempt from tax, you probably will qualify for the Earned Income Credit based upon your spouse's income and any income that you had that was taxable. You'll both lose out on the right to claim that if you file Married Filing Separately.
If you file separately, either of you can claim the children on your tax return. Of course, only ONE of you can claim any one dependent so it will be up to the two of you to decide.
If you file separately, you can NOT claim your spouse's exemption if she had over $3,500 in income for 2008. However you would pay less total tax by filing jointly so this would not make sense especially as you'd lose the EIC as noted above.
I'll argue Helen's position on getting assistance on post though. I served as Unit Tax Adviser for most of my 21 years in the Air Force. They are well-trained, dedicated volunteers with military-specific training. Anything that they can't handle can be addressed by the folks at the JAG office and most JAGs have at least one resident tax expert on staff. Your situation is pretty simple and you're likely to get BETTER advice on post than off post where many of the experts have less experience with military issues than those on post. |
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v b
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A clarification on Boston's post.
If you file MFS and your wife had even $1 of income, you wouldn't be able to claim her exemption. The $3500 rules if for non-spouses. |
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ninasgramma
 |
Since you will be married as of December 31, 2008, you cannot file as single.
Since your spouse did earn a little money in 2008, you cannot claim her as a dependent.
Your stepchildren have the same tax relationship to you as your natural children. From your information, you can claim your children as your dependents.
Your military service is considered for filing status purposes as living at your home. You apparently did come back to your home before the end of the year. This disqualifies you from filing as head of household. Your spouse is also disqualified from filing as head of household.
If your spouse will not file a joint return, your best option is to file a married filing separate return and claim the children. Depending on the amount of noncombat pay, you might get some child tax credit. It appears you will owe no income tax from your information regardless of how you file your taxes.
If you filed a joint return, you may qualify for the Earned Income Credit. You might offer this to your spouse and split the refund.
If your spouse files separately she receive no refund except perhaps her withholding. |
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Judy1
 |
You can each file as married filing separately, or you can file a joint return. No, she won't get money back if she files separately, except for anything that was withheld from her paychecks for federal income tax - a return filed as married filing separately isn't eligible for EIC.
Filing a joint return, there would most likely be a refund, and if most of the $32K was tax exempt due to your being in a combat zone, on a joint return there would be EIC. You could agree to split any refund however the two of you want to.
Good luck. And thanks for your service.... |
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Jss
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If you are married on December 31, 2008, then you can file joint return. |
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Helen, EA in PA
 |
You cannot file as single as you are married (assuming papers are not signed by 12/21/08).
Your choices are married filing jointly or married filing separately. You cannot claim your wife as a dependent as she worked.
Please see a tax professional (not someone in the service - they do not have training for this) to see what your best bet is.
Helen, EA in PA |
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Nancy Pelosi
|
Thank you for serving for us and I'm sorry your marriage has not worked out.
Please check as you have a boatload of tax resources on the post. Check with your First Sergeant as he will be able to direct you to the right people to give you a really good idea of what options you have.
Again, my thanks |
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