Income tax issue

brinaroze

Does anyone have experience with how to file taxes after breaking up with their husband?

Here's my situation:
My husband only made about $500 more than me last year. I never changed my tax status from single, claiming zero after I got married. Apparently, my soon-to-be-ex-husband has been claiming (probably) three. So he's been paying less in taxes throughout the year than I have. I was attempting to file our taxes when I realized this.

Now, I am faced with a dilemma. I can file separately claiming my daughter, keeping all the money I feel I deserve, and tell my husband to deal with it, OR I can file jointly and split the money with him. I don't think it's fair to split it with him, though. He hadn't lived with me and DD at all last year. He only pays me $150 a month for non-court-ordered child support (since we're not legally separated or divorced), and takes her for about 4 hours MAX on his "visitation" day each week. I have an appointment with a lawyer on the 12th, but my ex keeps pressuring me about the taxes and wants them done ASAP.

Just thought I'd get some other opinions before I actually file and get my refund. TYIA

20thirteen

If it were me, I'd say fuck it and file separately.  He hasn't lived with you at all last year?  Does his pay stubs reflect that?  You can prove that he didn't live with you and therefore the "3 dependents" he's been claiming is fraud, which is not your problem at all. You shouldn't "feel like" you deserve it, you should know that you deserve it.  He hasn't been around and, when he has been, he's been half-assing his way through it.

Of course, I have no idea what your entire situation is.  This is just my gut reaction to the question.  

brinaroze

The address on his W2 and his pay stubs is actually our old address. We haven't lived there for over 18 months. I don't know why he used that address, unless it's just what's on his ID.

20thirteen

Well, I wouldn't report him to the IRS, but I would file but claim your LO only and that you're divorced/single and let the IRS come to you/him about it.  If he's going to be a big boy out on his own, then this is part of what that means.

brinaroze

Update, if anyone is curious:

I ended up figuring and refiguring the taxes like four or five different ways before I actually filed. I figured it with me claiming separate from him, but with our daughter as my dependent (which gave me like $2500+). Then, I figured it filing jointly with our daughter as a dependent. The difference was like $1500 on the plus side. So, I figured I'd keep the $2500 I would have received filing separate, and gave him the $1500 difference. That way, he got a refund, but I still got what I deserved.

If I would have refused to file with him, it would have started an argument I really didn't want to have. Plus, he was content with his amount. I didn't tell him I got more than he did, and if he ever asks for a copy of our tax papers I will then explain to him the difference. He's lucky he got any, because he probably would have ended up owing if he would have filed on his own.

kmcc14

Make sure that you establish who gets to claim your daughter on future tax returns as part of your divorce settlement.  It will save you a lot of headaches down the road.