Discussion:INNOCENT SPOUSE????????
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Discussion Forum Index --> Tax Questions --> INNOCENT SPOUSE????????
| 8 April 2007 | |
| Client has 1 child from previous relationship and paying back child support. When I do his return as single his refund is $1100 which will pay back support. Now it gets interseting... His new wife this year, has 2 kids which client supports (Wife does not work). When it prepare his return as MFJ with the two kids his refund over $5000.
He is asking how can he "keep" the difference of some $3900 from the previous relationship partner/child support. Innocent Spouse OR Pay Up and Shut Up? | |
| 8 April 2007 | |
| Innocent spouse relief is designed to protect the non-earning spouse from problems arisng from understated income or overstated deductions. Thus, innocent spouse relief will not help this client. However, in this case, the wife should be eligible for "injured spouse" relief as long as they don't reside in certain community property states. See Form 8379. | |
| 8 April 2007 | |
| Plus, the louse has the obligation to pay back support. I get tired of supporting someone else's kids. | |
| 8 April 2007 | |
| I may be missing something here but ordinarily the taxpayer does not have the choice between single and MFJ. If he got re-married in 2007 but was single when 2006 ended he does not have the option of MFJ. | |
| 8 April 2007 | |
| I believe that DA meant to say "separate" instead of single. Agree with Tilt53 that any individual who is avoiding his child support obligations is probably not a client that you would want to have since he may have problems with integrity or other moral issues. Fortunately, the injured spouse claim limits the relief to the nonobligated spouse's share of the joint refund. | |
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