filing status


D

dbedell

I am debating between filing married or married filing seperately.
the reason is, my wife has past child support that would come out of
her taxes
she has only made a couple thousand this year, I am the primary earner

If we file together will the state take my refund?
If she files seperately she'd only get two hundred back


thanks!
 
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P

Paul Thomas, CPA

I am debating between filing married or married filing seperately.
the reason is, my wife has past child support that would come
out of her taxes she has only made a couple thousand this year,
I am the primary earner

If we file together will the state take my refund?



Most likely yes. The reason being, it's not "yours", but "ours" to the
degree that it's a joint return.

I'm not sure if the states will have policies in place like the feds do on
injured spouse treatment that may limit "your" refund being taken to satisfy
her debts.

The safer, but more expensive route, is to file separately. For 2007, plan
to have less withholding (for a small balance due) so this is not an issue.
 
A

Arthur Kamlet

Most likely yes. The reason being, it's not "yours", but "ours" to the
degree that it's a joint return.

I'm not sure if the states will have policies in place like the feds do on
injured spouse treatment that may limit "your" refund being taken to satisfy
her debts.

The safer, but more expensive route, is to file separately. For 2007, plan
to have less withholding (for a small balance due) so this is not an issue.

This is actually a very good example of a situation calling for
you to file an Injured Spouse allocation & refund form. That's
Form 8379



http://www.irs.gov/taxtopics/tc203.html





The joint filing would have resulted in lower tax since your
incomes are far apart. So you file form 8379 to ask the IRS to
give you your refund, and keep only her refund, if she even has
any.


It takes perhaps 6 months before you'll see your refund, but you
will be better off in the long run.
 
P

Paul Thomas, CPA

Arthur Kamlet said:
This is actually a very good example of a situation calling for
you to file an Injured Spouse allocation & refund form. That's
Form 8379



http://www.irs.gov/taxtopics/tc203.html





The joint filing would have resulted in lower tax since your
incomes are far apart. So you file form 8379 to ask the IRS to
give you your refund, and keep only her refund, if she even has
any.


It takes perhaps 6 months before you'll see your refund, but you
will be better off in the long run.


Art, do you know if any of the states follow federal laws on this?
 
A

Arthur Kamlet

Art, do you know if any of the states follow federal laws on this?

All I can say is Ohio does not. A good question to post to m.t.m.
 
P

parrisbraeside

This does now lead to the question as to what state the original filer
is from. With that, we can provide the exact material to their needs.
 
D

dbedell

This does now lead to the question as to what state the original filer
is from. With that, we can provide the exact material to their needs.
 
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D

dbedell

This does now lead to the question as to what state the original filer
is from. With that, we can provide the exact material to their needs.

Bedell

i should have mentioned
we are originally from ny we moved to ohio a year ago
her support arrears are from ny not ohio

john
 

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