oneday66

Help!
My AH and I were legally seperated in January.
He didnt work last year so someone suggested I file jointly to reduce my tax liability.
I ran the numbers and by filing jointly I would get an $7,000 refund.
I normally get $1,000 back

Here's the moral codie dillema...
AH owes the IRS $6000
If I file jointly... It wipes out his IRS debt
Either way I probably get my normal $1k refund

I will talk to a tax person...
I guess its just irritating that he again doesnt pay the consequences
He incurred this debt during his 2yr binge (hes clean 90 days now)
I guess it also doesnt make financial sense to not wipe out his debt by filing jointly when the impact is the same to me either way.

AnvilheadII

what's FAIR and what leaves YOU with the best feeling? what you walk away with outside isn't nearly as important as what you walk away with INSIDE.

Impurrfect

Just me, but I would NOT wipe out his debt. I'm an RA (recovering addict) and it's only because my loved ones allowed me the dignity of dealing with my consequences that I chose recovery. Not every addict does this, but I'm also a recovering codependent and I'm all about what is best for ME!

Either way, you get back $1000, right? I would suggest you get YOUR money back and let him deal with his debt.

Hugs and prayers,

Amy

suki44883

Talking to a tax professional would be best. For me, it would all hinge on whether or not you are legally liable for his tax debt. If you are still married, you might be legally liable to the IRS for his tax bill. If the legal separation means you aren't legally liable, and you plan to divorce, I would file separately and let him deal with the IRS regarding his tax bill. If you are still legally liable, I'd probably just file jointly, even though it means his debt would be cleared.

jerect

Anvil, your back!!!!!! :-)!!!!!!!!!

If it were me I wouldn't wipe out his debt.. The only way I would I'd if your name was tied to it somehow.. If its not then that's his problem not yours..

My EXAH had an enormous tax debt and while I always filed separately we still had a joint bank account for awhile.. Instead of being smart and taking his name off of my account ( which I eventually did) i instead put his entire tax debt on a credit card that I am now responsible for paying off... The addict is out of my life but I'm still paying for his mistakes while he doesn't have to worry about it anymore...

I say let it go if it doesn't affect you, your credit or your name..

Impurrfect

((Anvil)) SO good to see you back here Truly miss your ES&H!

((oneday)) - ((Suki)) brought up something I didn't think of, since I've not been in the marriage side of thing. I agree...find out what you are liable for, then go from there.

Hugs and prayers,

Amy

SundaysChild

The other issue is that if you file jointly - and he has "hidden income" (from drug sales, for example) that is later discovered, you will be on the hook for it...

Keep things separate- do not sign anything jointly with him.

story74

If I were responsible for his debt too (being the spouse) I would take the 7k (if legal), pay off the debt and keep the 1k (dont give him a cent), If you are not responsible for the IRS bill...f'em. Sounds cold, but addicts need to sink to swim.

Momzo

Yuck...if you're still married..then I think it's both of your return. Find out w the tax person. I know it sucks that they get away with everything..so it seems. My exabfs parents always bailed him out. Now he still owes so much debt, that's why he don't have a bank account because it would be drained by the government and his school loan. I'm sorry, but I understand. Big warm hugs to you. Do the right thing with no vengeance because that's not how you are ❤

KittenBoo

I agree that the best advice here is professional- from a tax professional. Only they can tell you the real deal on any negative consequences for you depending on the marriage situation, etc.

Either way, protect yourself. If he has done this now, he will probably do it again in the future when you are no longer legally together, so just know that he may get his, he may never. Unfortunately these types may never, ever learn as we wish deep inside that they would.

Just look out for yourself and either way I hope the tax thing works out for you. Good luck. ;-)

CBR

There is something called a spousal allocation form I fill out every year so the federal gov can't take my taxes due to my husbands 20 thousand dollar student loan. For years they were taking MY return. he doesn't work. Ask your tax people

Lily1918

my friend does this for her AHs child support so that her paychecks do not get garnished. Im sure your tax people will know.

laurie6781

PLEASE check with a qualified Tax Attorney.

Here is why I say this. Was married to my 2nd Husband from 12/82 to 7/87. In
all that time he just didn't file tax returns. I was advised by a Tax Attorney to
file mine, 'Married Filing Separately.' Yes I paid more in taxes but that way I
was filing my returns on time. Hubby couldn't be bothered. He had changed
his DOC from Alcohol and Drugs to Gambling.

Fast forward to 1997. I get letters, yes plural from IRS. They were coming
after me for his 'unpaid' taxes. Oh sheesh. Went back to said Tax Attorney,
he was in Nevada by then and I am in NM. He had to go and FIGHT this year
by year. Didn't matter that they finally agreed that I had paid my taxes for
1982, still had to fight each year, '83, '84, '85, '86, and '87. He did the
'honorable' thing since he had given me the advice and did NOT charge me
for the fight that lasted 6 years.

He has also had to 'fight' the State of California.

So, if you file jointly, you will wipe out what he owes, and possibly save yourself
some grief of hearing from the IRS down the line. Seems that either way you will
still end up with about the same amount of cash back.

Is it enabling to pay the IRS debt? Yes and No. The important thing here is your
own Peace of Mind. As Anvilhead said above, what is going to make you feel more
comfortable ABOUT YOU?

(((((Anvilhead))))) It is so GOOD to see you posting again, you have been MISSED!!

Love and hugs,

FireSprite

I think it's referred to as "Injured/Innocent Spouse" filing.... it keeps them from taking the portion of the refund allocated to your withholding/income. Definitely talk with a tax professional to see if it would benefit you to file this way & make sure you qualify.