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Should I file joint?

Okay...He owes his ex wife a lot of money. He tends to be a little careless when filing out the returns because he likes to cut corners which usually means we end up owing money because the IRS found something wrong with our return. So I feel because I have 3 kids from a previous marriage and a home ran business that I should file married but seperate because I don't want my money ever garnished because he never paid all his alimony to her. We live in a state where alimony is not mandatory!!! He agreed to pay to shut her up. However it did not work. He already got in trouble with the courts and ended up spending a weekend in jail. He could of done 90 days. I am so frustrated over all this. I do not feel my deductions and my home business should be used to pay her off. He basically told me he was going to use our entire refund to pay her off. She has been so mean too me. I came around long after the divorce. URRRR

Answer Question

Asked by Anonymous at 7:56 PM on Jan. 8, 2010 in Relationships

Answers (4)
  • Do your taxes both ways, see which comes out better.

    Answer by rkoloms at 8:09 PM on Jan. 8, 2010

  • Yes, I would file separately. If he owes her money from a court order, if the court has informed the IRS of his arrearage, they will garnish his refund, if he gets one, which will include your money. File separately, and claim the kids yourself, so you get back whatever money is coming to you. I did that with my ex, he owed child support for his daughter, and I filed separately and claimed our son so that I got back what was mine, instead of having it go to her when it wasn't my debt to pay.

    Answer by tropicalmama at 8:10 PM on Jan. 8, 2010

  • You can file as an injured spouse. If you file separate you will not get any of the child tax credit or earned income, not sure which one is. As an injured spouse you will get your part and his part will go to child support. This is what I was told about 4 yrs ago when I was married to my ex. He never paid child support and all his taxes went to his exwife. The laws/rules may have changed since then.

    Answer by tgeary at 8:13 PM on Jan. 8, 2010

  • They take it from the wife as well. My x's wife has to pay me even when she files separately.

    Answer by admckenzie at 9:17 PM on Jan. 8, 2010

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