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Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Tax
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Experience:  22 years of tax preparation experience, including individual, trust, and estate returns.
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I am a stay-at-home mom and do not currently have an income.

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I am a stay-at-home mom and do not currently have an income. I have been separated from my husband for the last seven months. He resides in Georgia, and I left the family home with my daughter due to domestic violence, and am currently residing in Washington State. We are not legally separated in the sense that we have gone before a judge. My husband informed me today that he did not file taxes for 2009 and that he does not intend to. While we don't owe anything in federal taxes, and are due a refund, his motivation for not filing is to deprive me of a fair portion of the income tax refund.

With respect to state taxes, my husband is owed a refund by Georgia but owes money to the state of South Carolina, where he was also employed during the 2009 tax-year. Can I be held legally accountable for his deliberate choice not to file state taxes in South Carolina? If so, what preemptive measures am a able to take?
Submitted: 6 years ago.
Category: Tax
Expert:  Arthur Rubin replied 6 years ago.
I suggest that you file MFS (Married Filing Separate) or HoH (Head of Household) for Federal purposes, and for whatever states you think your husband might be required to file. (I just filed a 0 return for Georgia, so I know it can be done.)

If joint returns were filed, you might try filing an "injured spouse" claim.

As for the refunds, I think you'd need a family court to order him to file the returns. It could probably be done eventually, but you'd have to file in Georgia, and the benefits and dangers of that are legal questions which are not in my field of expertise.
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