Not sure if you are the correct specialist for the question....but I am waiting on a judgement on my divorce after a 3 1/2 year case with custody of my 3 minor children of 13, 11 and 8 yo. As she has been required to have supervision during her alternate weekends for most of the last 2 years (I have had temporary full custody) and the GAL and court appointed psychologist's testimonies were extremely incriminating for her, I strongly believe the court will lean favorably in my direction.
With that said, my soon to be ex-wife is somewhat in a panic about her lack of benefits. As we filed jointly on the 2014 tax returns, she now is threatening to file individually, an amended return if I don't keep her on my employer insurance after the divorce (which I believe would be fraud as she will no longer be my dependent). She only made $6,000 last year PLUS the $12,000 I paid ($1000 a month ordered in a PDL, a temporary order until the divorce and custody are final)l. We mutually benefited from filing jointly as she had not had any deductions what so ever taken out of her checks and that did not take into account the $12,000 that I paid her. She would have had to pay over $1000 and I would have had to pay $6000 in income taxes
if we had filed individually......
My question is:
1. Can she do what she is threatening, by filing an amended return as an individual which would effect my filing
2. Since we were not divorced yet, would her spousal support need to be reported and taxable if she were to have filed as individual? She seems to think it is not since it was a temporary order and we were not divorced. I think what she is suggesting is extortion.