can I use my husbands tax return to pay for my taxes

sparkle8859

Seasoned Expediter
my husband hasn't filled in 2 years,we know he's getting a return,if we file jointly can we use his last 2 returns to pay for this years taxes? The last 2 years we filled married filling separate. any advice will help,thanks.
 

nightcreacher

Veteran Expediter
I'm not an accountant,but filing separately was not a very good move.A single person pays the highest taxes,you just fild like to singles.I would go to an accountant and have him redo your last couple of years
 

sparkle8859

Seasoned Expediter
yeah I know but we have been in a child support battle with his ex. they have his support at 1800$ which is way more thn half his pay check. we keep tryin to go to court but her lawyer keeps postponeing. so he is now 20,000 in debt to her. If we if we filled his, she would have gotten his portion and we would not have been able to get it back. I know we paid more in taxes, my question is, if we file jointly next year will his last 2 cover this years? understnd?
 

pjjjjj

Veteran Expediter
I'm in Canada, so things are undoubtedly different, but then again, maybe not so much. Look on your tax form to see if there is a place hubby can authorize to have his previous refund pay for the current joint payable.
If the ex has filed a garnishment order for arrears of child support, any refund he may be entitled to may be held and given to the ex.
If you're asking whether they'd take his refund and apply it to what is currently owed on a joint return before they would apply it to a previously standing child support order.. no idea how they would prioritize, better somehow do some anonymous checking before you file or it could just go 'poof'. From what I have seen here, they tend to look after themselves first, but if your taxes owing are not in arrears yet, maybe not. Can you call the tax office for info without giving your name?
 

sparkle8859

Seasoned Expediter
I could call the IRS, but wanted to see if this tax preson could tell me and yes hes 20000 in back debt to her even after they take 55%of his paycheck.
 

nightcreacher

Veteran Expediter
she will get a percentage of his tax return,no way around it,on fact,you better make sure he still has a valid drivers liscense
 

sparkle8859

Seasoned Expediter
she will get a percentage of his tax return,no way around it,on fact,you better make sure he still has a valid drivers liscense

yes as long as he pays something each week they wont take his license. Its court ordered it come out of his pay check. I know that she will get whats left,that's why i want to minimize it. when we get it reduced anything that he overpaid we will never see. Pls don't think im trying to screw the kids out of whats there's, there not his. its been court ordered to have dna testing on the 6, yes i said 6, kids but she refuses.the court wont hold her in contempt we've tried. so until those dna testes are done the judge says that he has to pay. that's why we held his returns and want those returns to pay what well owe this year. Oh she has a total of 9 children.and is now on ssi and welfare. I think that's why the court wont do anything.
 

Fkatz

Veteran Expediter
Charter Member
06-21-2010, 05:45 AM #1 (permalink)
sparkle8859
Member


Join Date: Apr 2010
Posts: 32
can I use my husbands tax return to pay for my taxes

--------------------------------------------------------------------------------

my husband hasn't filled in 2 years,we know he's getting a return,if we file jointly can we use his last 2 returns to pay for this years taxes? The last 2 years we filled married filling separate. any advice will help,thanks.


sparkle8859

06-28-2010, 05:40 PM #2 (permalink)
nightcreacher
Senior Member




Join Date: Jan 2005
Location: Kent, Oh, USA
Posts: 3,191

Re: can I use my husbands tax return to pay for my taxes

--------------------------------------------------------------------------------

I'm not an accountant,but filing separately was not a very good move.A single person pays the highest taxes,you just fild like to singles.I would go to an accountant and have him redo your last couple of years
__________________

Roberts Express 1984
owner operator
Tri-State E S
F902
Steve Gilbert
OOIDA 263839



nightcreacher
07-01-2010, 01:56 AM #3 (permalink)
sparkle8859
Member


Join Date: Apr 2010
Posts: 32
Re: can I use my husbands tax return to pay for my taxes

--------------------------------------------------------------------------------

yeah I know but we have been in a child support battle with his ex. they have his support at 1800$ which is way more thn half his pay check. we keep tryin to go to court but her lawyer keeps postponeing. so he is now 20,000 in debt to her. If we if we filled his, she would have gotten his portion and we would not have been able to get it back. I know we paid more in taxes, my question is, if we file jointly next year will his last 2 cover this years? understnd?


sparkle8859

07-01-2010, 07:49 AM #4 (permalink)
pjjjjj
Senior Member




Join Date: Jan 2008
Location: Southern Ontario
Posts: 1,258
Re: can I use my husbands tax return to pay for my taxes

--------------------------------------------------------------------------------

I'm in Canada, so things are undoubtedly different, but then again, maybe not so much. Look on your tax form to see if there is a place hubby can authorize to have his previous refund pay for the current joint payable.
If the ex has filed a garnishment order for arrears of child support, any refund he may be entitled to may be held and given to the ex.
If you're asking whether they'd take his refund and apply it to what is currently owed on a joint return before they would apply it to a previously standing child support order.. no idea how they would prioritize, better somehow do some anonymous checking before you file or it could just go 'poof'. From what I have seen here, they tend to look after themselves first, but if your taxes owing are not in arrears yet, maybe not. Can you call the tax office for info without giving your name?
__________________


pjjjjj

07-02-2010, 10:36 PM #5 (permalink)
sparkle8859
Member


Join Date: Apr 2010
Posts: 32
Re: can I use my husbands tax return to pay for my taxes

--------------------------------------------------------------------------------

I could call the IRS, but wanted to see if this tax preson could tell me and yes hes 20000 in back debt to her even after they take 55%of his paycheck.


sparkle8859


Today, 12:54 PM #6 (permalink)
nightcreacher
Senior Member




Join Date: Jan 2005
Location: Kent, Oh, USA
Posts: 3,191

Re: can I use my husbands tax return to pay for my taxes

--------------------------------------------------------------------------------

she will get a percentage of his tax return,no way around it,on fact,you better make sure he still has a valid drivers liscense
__________________

Roberts Express 1984
owner operator
Tri-State E S
F902
Steve Gilbert
OOIDA 263839



nightcreacher

Today, 02:36 PM #7 (permalink)
sparkle8859
Member


Join Date: Apr 2010
Posts: 32
Re: can I use my husbands tax return to pay for my taxes

--------------------------------------------------------------------------------

Quote:
Originally Posted by nightcreacher
she will get a percentage of his tax return,no way around it,on fact,you better make sure he still has a valid drivers liscense

yes as long as he pays something each week they wont take his license. Its court ordered it come out of his pay check. I know that she will get whats left,that's why i want to minimize it. when we get it reduced anything that he overpaid we will never see. Pls don't think im trying to screw the kids out of whats there's, there not his. its been court ordered to have dna testing on the 6, yes i said 6, kids but she refuses.the court wont hold her in contempt we've tried. so until those dna testes are done the judge says that he has to pay. that's why we held his returns and want those returns to pay what well owe this year. Oh she has a total of 9 children.and is now on ssi and welfare. I think that's why the court wont do anything.


Hi Sparkle8859,

It seems as though you have a child support problem. the only way that this can be handled is this.

You must Amend the last years that you filed separately, to file jointly, Once this is done, then if you worked separately you would attach form 8379 Injured Spouse claim, and 8857 Innocent Spouse Releif the Child Support would get what ever tax refund due the taxpayer, and the balance would be paid to the Spouse separately. BUT YOU MUST FILE MARRIED FILING JOINT in order to use these forms. If you owe back taxes, the back taxes would be paid first and then Child support,

Here is another Question. IS His Ex wife filing a tax return. or if not is she selling, loaning, giving permission for some one else to get refunds for her childern, If these people use the National Tax chains, they will have no problem.use her kids as long as she had the SSN, & Birth dates THIS is a Felony and should be reported to the IRS Crimminial Investigations Division of the IRS.

1. Does your husband know the SSN and birth dates of the 9 childern, if she is refusing to take a DNAS Test, you know the reason for the is some or all of the Childern are not his and child support will get her, that is why she is refusing. the kids are not his legally, and he is not responsible for them it the DNA proves otherwise. Child support does not care. who pays.
Whats on their birth certificates, father Does he have copies of them. etc.

If you need any help please call me. Or stop by our booth at the Expeditors Expo # 157

Franklin Katz, ATP ,PA, PB
Frank’s Tax and Business Service
120 York Rd
Kings Mountain, NC 28086-3151
(704) 739-4039
Fax: (704) 739-3934


Providing Professional Accounting Services and Income Tax Preparation

Circular 230 Disclaimer – Any tax advice in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax related penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or tax-related matters addressed herein.
 
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