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wm030303
wm030303, Enrolled Agent
Category: Tax
Satisfied Customers: 112
Experience:  I am both a CPA and EA with over 30 years of experience in solving tax related issues.
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does my present wife have rights to half of income tax return

This answer was rated:

does my present wife have rights to half of income tax return if i owe rearages (past due child support) if we file joint return

wm030303 :

Hello

wm030303 :

Your wife and you could file a joint tax return and she could file as "Injured Spouse". Any part of the refund that is considered her share she would be entitled to. Your share of the refund would most likely be applied to your past due child support.

wm030303 :

I hope this answes your question, if so kindly hit the green accept button.

Customer:

when i filed there was no place to file it

wm030303 :

There is a form 8379 "INJURED SPOUSE ALLOCATION"

Customer:

can i amend my taxes

wm030303 :

Yes

Customer:

how do i do that we used turbo tax

wm030303 :

You may file form 8379 by itself and explain to IRS the situation you sign the form and mail it to the IRs. You do not need to file form 1040 x.

Customer:

would it be possible to amend previous year taxes (2010)

wm030303 :

yes

Customer:

this does kinda help, but there are other questions that need to be answered by other people

wm030303 :

You need to post additional questions unless you need more information to resolve this question

wm030303 :

I just completed 3 injured spouse allocations for 3 different clients

wm030303 :

You need to separate your income and exemptions and adjustments and credits and income tax withheld from your spouses and show each sparately on the form 8379.

Customer:

these questions require a family law expert because of the circumstances of the divorce decree and child support enforcement filings in court

wm030303 :

Okay, then I've answered the tax question, you need to submit a question too the attorneys for any legal advice.

Customer:

also would it be possible to submitt an 8332 form and could i force it

wm030303 :

A form 8332 for a release of exemption of child(ren) could be filed.

wm030303 :

But you would need to amend tax return if you are not going to claim child that you already claimed.

Customer:

I have a case pending where I am the non-custodial parent and i do not claim any childern, but they are trying to up my weekly support and medical can I counter them with the 8332 form allowing to recoupe at least some money.

wm030303 :

The custodial parent needs to sign the form 8332 to release the exemption to you.

Customer:

can i not subject them to sign it or do i have to get a court order

wm030303 :

You would need their cooperation.

wm030303 :

Please submit separate questions individually, I don't get paid for multiple questions in the same question here. I don't get paid at all if you don't accept. I hope I have given you an acceptable 1 or 2 answers already. Thanks!

wm030303 and other Tax Specialists are ready to help you