Posted on 08/20/2006 3:52:19 AM PDT by hsmomx3
Here's the situation.
My husband upped and left me and the kids to be with another woman. He pays the house payment and utilities but no child support. I pay for groceries, health insurance for all of us, and my credit card bill. We are not legally separated. Actually, I consider him mentally imbalanced at this point in his life for a variety of reasons. It has been a horrible blow to our family life to say the least.
Since the kids are with me, shouldn't he change his tax witholdings and not claim me and the kids? I do not believe he has changed his but I have claimed myself and the kids.
And at the end of the year, I am planning to file a separate return.
Are there any ramifications to this?
If you want you can freep mail me.
See a lawyer on Monday.
See a tax lawyer and a divorce lawyer on Monday.
Two shots of Jack...
An attorney can't make your decision and you'll be paying him for nothing.
This is your problem. If he's taken up with another woman, and you're separated, you might as well make it a legal separation. Negotiate divorce terms and property settlements with your children's best interests in mind, and it should work out for the best.
The withholding doesn't matter very much, except that, if you're significantly underwithheld, you can owe interest at the end of the year. What matters is who is claimed as dependents on the return. You can't both claim your children as dependents, and he can't claim you if you're filing a separate return.
This seems like something you and your estranged husband could work out by agreement, if you don't wish to pursue a legal separation or divorce at this point.
If you are not even legally separated, the IRS looks upon it as you are still married, likely joint taxpayers. Best follow the advice of several Freepers here and get a good attorney, preferably a female with the personnna of a man eating shark.
Yes, get a lawyer. You can ask that he pay for your lawyer, too, if you are not employed. You need to get a divorce and financially you will be much better off.
I know, I went through it.
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