Comments on: Ask the taxgirl: Stimulus check and divorce http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/ Paying taxes is painful... but reading about them shouldn't be. Sat, 21 Nov 2009 12:33:00 -0500 http://wordpress.org/?v=2.8.6 hourly 1 By: Joe http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/comment-page-1/#comment-10759 Joe Tue, 23 Jun 2009 04:39:42 +0000 http://www.taxgirl.com/?p=3537#comment-10759 This is a civil matter between her and her husband. The IRS cannot help her. She needs to litigate this out in the final divorce, and she needs to do it before the check expires. If it's not cashed within one year, it is cancelled. If it is an actual Stimulus check, by law the IRS cannot reissue another one. They would have to claim the $900 as the Recovery Rebate Credit on their 2008 return. Good luck to her. This is a civil matter between her and her husband. The IRS cannot help her. She needs to litigate this out in the final divorce, and she needs to do it before the check expires. If it’s not cashed within one year, it is cancelled. If it is an actual Stimulus check, by law the IRS cannot reissue another one. They would have to claim the $900 as the Recovery Rebate Credit on their 2008 return. Good luck to her.

]]> By: Jeff Day http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/comment-page-1/#comment-10753 Jeff Day Mon, 22 Jun 2009 16:59:30 +0000 http://www.taxgirl.com/?p=3537#comment-10753 A. You have an error in this: Other than that, I have no real suggestions (perhaps one of my colleagues might?). Your daughter has already filed the return together with her ex, so she can’t amend to file separately without his consent. And that’s clearly not going to happen. They can't change to a MFS tax return after the due date of the return no matter what. However, this leads me to my suggestion. Refuse to sign any actual divorce papers until after the end of the year. Since it is clear there are children involved and since the children live with the mother and since this is written before July 1st, she qualifies as head of household and he will be forced to file as MFS. And since the children live with her, and since the refunable portion of child tax credit is now based on just $3000 worth of income, it appears she will have a very nice tax refund. And she can remind the scoundrel that when he won't get to claim the children as dependents at all, he can just remember this situation. If her income is where it appears in this letter, she should probably be telling her employer to immediately initiate the advance earned income credit. She can also assure that no income taxes are being withheld from her paycheck for income tax purposes. Jeff Day EA Evansville, IN A. You have an error in this: Other than that, I have no real suggestions (perhaps one of my colleagues might?). Your daughter has already filed the return together with her ex, so she can’t amend to file separately without his consent. And that’s clearly not going to happen.

They can’t change to a MFS tax return after the due date of the return no matter what. However, this leads me to my suggestion.

Refuse to sign any actual divorce papers until after the end of the year. Since it is clear there are children involved and since the children live with the mother and since this is written before July 1st, she qualifies as head of household and he will be forced to file as MFS. And since the children live with her, and since the refunable portion of child tax credit is now based on just $3000 worth of income, it appears she will have a very nice tax refund.

And she can remind the scoundrel that when he won’t get to claim the children as dependents at all, he can just remember this situation. If her income is where it appears in this letter, she should probably be telling her employer to immediately initiate the advance earned income credit. She can also assure that no income taxes are being withheld from her paycheck for income tax purposes.

Jeff Day EA
Evansville, IN

]]> By: Dan http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/comment-page-1/#comment-10752 Dan Mon, 22 Jun 2009 15:55:33 +0000 http://www.taxgirl.com/?p=3537#comment-10752 Perhaps the check may be sent to the Service with a direction / request that it be applied against current year income taxes. If so, the person could (carefully!) Adjust witholdings to gain access to the cash benefit (of her share of the proceeds of the check). A contact to the taxpayer advocate may be wise in setting this up. Perhaps the check may be sent to the Service with a direction / request that it be applied against current year income taxes. If so, the person could (carefully!) Adjust witholdings to gain access to the cash benefit (of her share of the proceeds of the check). A contact to the taxpayer advocate may be wise in setting this up.

]]> By: Joel http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/comment-page-1/#comment-10751 Joel Mon, 22 Jun 2009 14:40:08 +0000 http://www.taxgirl.com/?p=3537#comment-10751 Does your daughter still have a joint account with her husband that has not been closed yet? If so, then she could write "For deposit only" then cash it through her banking account. Does your daughter still have a joint account with her husband that has not been closed yet? If so, then she could write “For deposit only” then cash it through her banking account.

]]> By: My Journey http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/comment-page-1/#comment-10750 My Journey Mon, 22 Jun 2009 02:10:53 +0000 http://www.taxgirl.com/?p=3537#comment-10750 @dollslikeus "talk to your congressman about fixing the law to avoid having him sign it." There are bigger implications to this statement (if you could even get your congressman to listen to you nevertheless propose a bill and then have 50 Senators and 535 congressmen listen to the bill) - think about should we really only require one signature made out to 2 people? Its bad policy. @dollslikeus

“talk to your congressman about fixing the law to avoid having him sign it.”

There are bigger implications to this statement (if you could even get your congressman to listen to you nevertheless propose a bill and then have 50 Senators and 535 congressmen listen to the bill) – think about should we really only require one signature made out to 2 people?

Its bad policy.

]]> By: dollslikeus http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/comment-page-1/#comment-10749 dollslikeus Sun, 21 Jun 2009 22:23:22 +0000 http://www.taxgirl.com/?p=3537#comment-10749 This si awful this women needs her money she has the kids not him they need food clothing shelter medicine you name it get the bumb to sign it or talk to your congressman about fixing the law to avoid having him sign it. This si awful this women needs her money she has the kids not him they need food clothing shelter medicine you name it get the bumb to sign it or talk to your congressman about fixing the law to avoid having him sign it.

]]> By: » Ask the taxgirl: Stimulus check and divorce | taxgirl | Online Divorce Attorney Search http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/comment-page-1/#comment-10746 » Ask the taxgirl: Stimulus check and divorce | taxgirl | Online Divorce Attorney Search Sun, 21 Jun 2009 16:52:57 +0000 http://www.taxgirl.com/?p=3537#comment-10746 [...] story here Kelly Out-of-State Father and Child Support: Florida Family Law [...] [...] story here Kelly Out-of-State Father and Child Support: Florida Family Law [...]

]]> By: Urbie http://www.taxgirl.com/ask-the-taxgirl-stimulus-check-and-divorce/comment-page-1/#comment-10744 Urbie Sun, 21 Jun 2009 14:17:29 +0000 http://www.taxgirl.com/?p=3537#comment-10744 Tough situation -- she's obviously not dealing with a genius, since by refusing to sign the check, he's also saying good-bye to his own $450! Go figure.... Tough situation — she’s obviously not dealing with a genius, since by refusing to sign the check, he’s also saying good-bye to his own $450! Go figure….

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