Just Bragging :p

[Bettacreek]

Nothing that I really did *wrong* persay, but, either the BF or I could claim the boys. I did the BF's taxes and figured that I would claim the boys on my tax returns. Well, the return that I would recieve is basically nothing (under $500), while if the BF would have claimed them, we'd get about $3k more. Legally, either one of us could claim them for taxes.

 

[xpc]

The simple thing to do is wait for his existing return to clear and cash that check, then file an amended 1040x. If it is a lot of money you may want to go to a tax professional so they can do it right and expedite it. Don't accept a refund loan from them just have them file the amended return. Also don't let the ex have the dependent if you are the custodial parent with exemption rights. Unless you are on good terms and work out a deal. Making that phone call first wouldn't hurt either.
http://www.irs.gov/pub/irs-pdf/f1040x.pdf

 

[xpc]

Amended post - Did you do all the earned income credit worksheets and child credits? some people forget about that and can make a big difference esp. if you are in the $14,000 range.

 

[Bettacreek]

I'm actually more along the lines of the $4k range. I had to quit my job mid-late last year, and hadn't worked too much before then (obviously, lol). I haven't filed my own taxes yet, but did an estimate. I have nothing, I had nothing, and I don't have anything other than the two boys as an exemption. I will either file with my ex-husband as married filing jointly, and give him what he and only he is due, or I will have to file as married filing seperately (which would only give me in the $500 range). My ex didn't work very much last year either. He quit his job mid-year, and he didn't make very much either (I don't know his annual income, but he was only making $9 something an hour). I'm going to use an estimator (er?) to see what we'd get if we file jointly. If I can amend the BF's taxes, I'll see which way gives us the best return and do that.

ETA: I'm not entirely sure what worksheets you're speaking of. I had no childcare expenses or anything of the sort. Mine is a simple return, because (as stated above) we literally had nothing, no cars, no houses, etc.

 

[xpc]

First you said boy friend and now say husband, if you are single and only made $4,000 with the two children you will get about $1600 in EIC. -$0- if married filing separate.

 

[Bettacreek]

At the end of 2009, I was married. We (the children and myself) are living with the boyfriend. The divorce is in the books, just not finalized (husband has not taken the mandatory child classes). I know, it's a little confusing. But, legally, since we've lived with the boyfriend long enough, he can claim the boys as his dependants.
What I'm wondering is, can we go back and put the boys under the BF's return?

 

[xpc]

I will either file with my ex-husband as married filing jointly

If you are no longer legally married I would be hesitant to do this as it would constitute tax fraud, the IRS will not be sympathetic to your plight and the fines will be horrendous. You can only amend your taxes for only 3 years but they can come after your whats owed for the rest of your life - so be cautious as interest on an ill got tax return is A killer after a few years.

 

[xpc]

At the end of 2009, I was married. We (the children and myself) are living with the boyfriend. The divorce is in the books, just not finalized (husband has not taken the mandatory child classes). I know, it's a little confusing. But, legally, since we've lived with the boyfriend long enough, he can claim the boys as his dependants.
What I'm wondering is, can we go back and put the boys under the BF's return?

Yes you can as long as you have the legal rights to the children as dependents and your "estranged" husband will not contest it by filling them too. You can also file as an injured spouse but recommend an accountant for that - as it sits anything your "ex" does can comeback to you as an obligation including owing his taxes.

My last post was was in flight when you typed this one so please disregard.

 

[Bettacreek]

I will either file with my ex-husband as married filing jointly

If you are no longer legally married I would be hesitant to do this as it would constitute tax fraud, the IRS will not be sympathetic to your plight and the fines will be horrendous. You can only amend your taxes for only 3 years but they can come after your whats owed for the rest of your life - so be cautious as interest on an ill got tax return is A killer after a few years.

Any of the options that I choose would be legal and correct. I am still married to my husband. There is no divorce decree, we are still married, and I personally must either file as married filing jointly or married filing seperately. There's no question to that, I'm not trying to do anything illegal, just trying to figure out if I can put the boys under the BF's tax returns. If I can, I have several options, and I can choose one legally. My options (if I can amend the boyfriend's returns) include: 1. Married, filing seperately, claiming the boys. 2. Married, filing jointly with my husband, claiming the boys and splitting the returns. 3. Married, filing seperately, and having my boyfriend claim the boys by amending his taxes. 4. Married, filing jointly and still having the boyfriend claim the boys by amending his taxes.

All four options, if amending the taxes to include dependants is acceptable, are perfectly legal and correct.

 

[Bettacreek]

Yes you can as long as you have the legal rights to the children as dependents and your "estranged" husband will not contest it by filling them too. You can also file as an injured spouse but recommend an accountant for that - as it sits anything your "ex" does can comeback to you as an obligation including owing his taxes.

My last post was was in flight when you typed this one so please disregard.

I'm not sure what the injured spouse entails, but I'm going to say that I will probably have to pass on that one. Our divorce is/was filed as no extras (a simple, irretrievably broken marriage, no domestic abuse was filed). I can work with the husband, fortunately, to file our taxes jointly. The money, of course, would go into my bank account, for many reasons (including the fact that he doesn't have a bank account), and then I would give him what he is due.