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TAXES AND THE EVIL EX WIFE

Customer Question

Was seperated from wife for 7 months last year. I had her kids claimed on my withholding form ALL YEAR and now she refuses to file jointly and only $28 was w/held in federal taxes because of this. Can I file single even though our divorce wasn’t FINAL (but was pending) at the end of 2004. She won’t even talk to me about HOW she is filing....VERY UNCOOPERATIVE..PLEASE HELP!
Submitted: 11 years ago.
Category: Tax
Expert:  Tammy F. replied 11 years ago.

Your marital status on Dec 31st determines your filing status.  If you were married, you only have the option of filing as married filing jointly or married filing separately.


Because of this, your wife is obligated to file as married filing jointly or married filing separately as well.


Either way, you have to communicate with her and she has to pass information on to you.


No matter how she files, you need to file according to your marital status on the last day of the year.  You will be required to furnish her SSN on your return and, if she files incorrectly, her return will be disallowed and her she will have to repay any money that was refunded in error.


I suggest that you try to work this out the best way that you can.


And you need to change your withholdings for 2005.


Let me know if you still have questions.

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