I am still married not legally separated. Wife filed taxes for herself and kids. Am I to file as a single person now?

I am still married not legally separated. Wife filed taxes for herself and kids. Am I to file as a single person now?

Wife left, no notice, moved to Texas with another man, and without including me in our tax process as a married couple, she filed as head of household, claimed all the kids, and has left me with seemingly only one filing option and that is as a single person with no dependents. I supported all of them for most of the year, and am left with an 1,800 tax debt because of this. Do I have any options other than this?

We are not even legally separated, no divorce filed for yet. Asked by Chris223 21 months ago Similar questions: married legally separated Wife filed taxes kids file single person Lifestyle > Relationships.

Similar questions: married legally separated Wife filed taxes kids file single person.

I am still married not legally separated. Wife filed taxes for herself and kids. Am I to file as... After the wedding, I started taking a closer look at the tax numbers and incorrectly concluded that the only time someone would ever file as “married filing separately” would be if one partner earned a whole lot and one partner earned not as much.

The logic was that the lower earner wouldn’t be subject to the same tax rates as the higher earner and thus the difference would overcome the different tax brackets. The only correct assumption I made was that the lower earner wouldn’t lose access to any tax advantaged accounts, like Roth IRAs, because they’d still be over the limits for those types of accounts. I already gave out my hypothesis and my result (I was wrong and am now clueless as to why anyone would file separately if both options were available) but here’s what I did.

Hypothesis: Married Filing Separately shares more of the lower tax brackets as Single filers but you lose practically all of the favorable tax benefits that Single filers enjoy. The benefit of filing separately is if you have a significant disparity in income with the sum total above many of the tax beneficial limits. (this hypothesis is proven wrong)2008 Tax BracketsThe analysis was using 2008 brackets but you can see the current tax brackets here.

Tax Rate Single Married Filing Jointly Married Filing Separately10% Not over $8,025 Not over $16,050 Not over $8,02515% $8,025 – $32,550 $16,050 – $65,100 $8,025 – $32,55025% $32,550 – $78,850 $65,100 – $131,450 $32,550 – $65,72528% $78,850 – $164,550 $131,450 – $200,300 $65,725 – $100,15033% $164,550 – $357,700 $200,300 – $357,700 $100,150 – $178,85035% Over $357,700 Over $357,700 Over $178,850(taken and amended from my 2008 tax bracket post)Three ScenariosWhat happens with a couple earning $100,000 with one earner taking in $80,000 and one earner taking in $20,000? * Married Filing Jointly: $17,687.50 * Married Filing Separately: $16,772 + $2,197.5 = $18,969.50 (correction)That’s a difference of $2,802.50 but both individuals lose access to a Roth IRA (among other significant benefits). What about a couple earning $200,000 with one earner banking $120,000 and one banking $80,000 would pay (this doesn’t take into account deductions): * Married Filing Jointly: $44,744 * Married Filing Separately: $28,964.50 + $16,772 = $45,736.50What!?

It’s more to file separately… maybe the disparity has to be greater. What if a couple earned $400,000 with one earner banking $320,000 and one banking $80,000? * Married Filing Jointly: $58,787 * Married Filing Separately: $49,402.5 + $16,772 = $66,174.5Two Potential Reasons to File SeparatelySo, I tried to do more research and discovered this great About.com article and according to William Perez, filing separately makes sense in two basic scenarios: 1.

“Filing separate returns makes the most sense when one spouse owes a significant amount of money, but the other spouse could get a refund. ” 2. “It also makes sense when one spouse is cheating on their taxes, and the other spouse doesn’t want to be involved.

” (Nice! )Let’s ignore scenario #2 because anyone who lets someone else knowingly cheat on taxes doesn’t really need to worry about their tax bill, they have bigger issues. With scenario 1, you have to be in such a small window, for both earners, such that the lower earner’s deductions will save them more than the higher earner loses by filing separately (as evidenced by our 80/20 example above).

The 25% tax bracket starts at $32,550 for married filing separately but starts at $65,100 for married filing together! I suppose the numbers have to be in that range for this to make sense… but then you start giving up great benefits such as a Roth IRA, which is available if your total AGI is less than $156,000 when you file jointly but only $10,000 when you file separately!(plus, I don’t know if I’d classify someone earning $80,000 as someone who would owe a “significant amount of money,” hence my 120/80 and 320/80 examples). Sources: http://www.bargaineering.com/articles/when-does-married-filing-separately-make-sense.html .

You will need to file married, filing separately - see details. You are still married, and that is all that the IRS cares about. See the following:Eight Facts About Filing Status IRS TAX TIP 2010-03Everyone who files a federal tax return must determine which filing status applies to them.It’s important you choose your correct filing status as it determines your standard deduction, the amount of tax you owe and ultimately, any refund owed to you.

Here are eight facts about the five filing status options the IRS wants you to know in order to choose the correct filing status for your situation. Your marital status on the last day of the year determines your marital status for the entire year. If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law. A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

If your spouse died during the year and you did not remarry during 2009, you may still file a joint return with that spouse for the year of death, provided the joint return election is not revoked by a personal representative for the deceased spouse. A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status. You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2007 or 2008, you have a dependent child and you meet certain other conditions.

There’s much more information about determining your filing status in Publication 501, Exemptions, Standard Deduction, and Filing Information. Publication 501 is available on IRS.Gov or by calling 800-TAX-FORM (800-829-3676). Sources: http://www.irs.gov/newsroom/article/0,,id=105098,00.html .

TawinAline,I was not able to claim injured spouse because she filed first, and even before a chance to fight of custody of the kids. For whatever reason the IRS did not care that she excluded me from the filing process and left me to file as a single person regardless of the status of our relationship for most of the year. Thanks for checking in.

--Chris Chris223 4 months ago .

2 Well, my opinion is that she does not have the right to do this. Has she ever filed a tax form before while she's been married? Does she have separate income?

If she has not filed by herself before, one tactic you could take is to file your tax form as you normally do and get your refund. This will eventually trigger an audit from the IRS probably on her because it looks like tax fraud. She's trying to get a refund that she doesn't deserve.

Happens a lot. By the time she's notified of the IRS audit, hopefully, you will be in family court hashing things out, and the two of you can file an amended return (if necessary) and get squared with the IRS. The judge can order her to file along with you.

If it is true what you said that you supported the wife and kids for the entire year, or most of the year, she's the one who's trying to scam the government. You should not have to file single. Taxes for 2010 is another issue since you may not be supporting them this year.

But I think you should stand firm on this and claim the kids. And then start divorce proceedings as soon as possible. And you'll probably need a lawyer, particularly because she has left the state.

Well, my opinion is that she does not have the right to do this. Has she ever filed a tax form before while she's been married? Does she have separate income?

If she has not filed by herself before, one tactic you could take is to file your tax form as you normally do and get your refund. This will eventually trigger an audit from the IRS probably on her because it looks like tax fraud. She's trying to get a refund that she doesn't deserve.

Happens a lot. By the time she's notified of the IRS audit, hopefully, you will be in family court hashing things out, and the two of you can file an amended return (if necessary) and get squared with the IRS. The judge can order her to file along with you.

If it is true what you said that you supported the wife and kids for the entire year, or most of the year, she's the one who's trying to scam the government. You should not have to file single. Taxes for 2010 is another issue since you may not be supporting them this year.

But I think you should stand firm on this and claim the kids. And then start divorce proceedings as soon as possible. And you'll probably need a lawyer, particularly because she has left the state.

3 Quite often the IRS uses the first tax return filed as the correct one. You can file another form claiming to be an Injured Spouse and hope for the best. However, it may be best to obtain the services of a tax attorney.As DZ said start divorce proceeding immediately.

Good Luck.

Quite often the IRS uses the first tax return filed as the correct one. You can file another form claiming to be an Injured Spouse and hope for the best. However, it may be best to obtain the services of a tax attorney.As DZ said start divorce proceeding immediately.

Good Luck.

Wife and I just got married last year, we live in CA. How should we file our taxes? " "I am legally separated in New York, my wife will not procede with divorce for emotional reasons, what can I do" "I filed my taxes at H&R Block online.

Can I file my taxes on TurboTax also? " "I was married, not legally separated, he was living with another woman,he died, so not sure if I am a widow or if single" "I am a widow. Do I file single or married.

Afterall, I am still married. " "Is there any way to file as single and be married? " "Should I file taxes with my wife that does not live in the US with me?" "GOT MARRIED IN MARCH OF 2010, WE ARE SEPERATED BUT NOT YET DIVORCED HOW SHOULD I FILE MY TAXES?

" "I got married in October of 2010. Do I file single or joint on my 2010 taxes?" "I GOT MARRIED IN OCTOBER OF 2010, DO I HAVE TO FILE MARRIED OR SINGLE, AND WHICH WAY CAN I GET MORE MONEY.

Wife and I just got married last year, we live in CA. How should we file our taxes?

I am legally separated in New York, my wife will not procede with divorce for emotional reasons, what can I do.

I filed my taxes at H&R Block online. Can I file my taxes on TurboTax also?

I was married, not legally separated, he was living with another woman,he died, so not sure if I am a widow or if single.

I am a widow. Do I file single or married. Afterall, I am still married.

I got married in October of 2010. Do I file single or joint on my 2010 taxes?

I GOT MARRIED IN OCTOBER OF 2010, DO I HAVE TO FILE MARRIED OR SINGLE, AND WHICH WAY CAN I GET MORE MONEY.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.