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Author Topic: The ex strikes again
Dustin Mitchell
Phenomenal Film Handler

Posts: 1865
From: Mondovi, WI, USA
Registered: Mar 2000


 - posted 09-10-2010 04:57 PM      Profile for Dustin Mitchell   Email Dustin Mitchell   Send New Private Message       Edit/Delete Post 
Were you legally separated before December 31st of the tax year? For tax purpose you are considered married if you were married as of December 31st of that tax year. If your divorced was finalized OR you were LEGALLY separated before December 31st of that year you cannot file a joint return; you must file as single or head of household.

If this is what happened one would think you're divorce lawyer should have given you a heads up on this....

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Richard Hamilton
Phenomenal Film Handler

Posts: 1341
From: Evansville, Indiana
Registered: Jan 2000


 - posted 09-10-2010 09:39 PM      Profile for Richard Hamilton   Email Richard Hamilton   Send New Private Message       Edit/Delete Post 
quote: Dustin Mitchell
one would think you're divorce lawyer should have given you a heads up on this....
My dad is a judge and looked everything over before I signed the decree. It states that we file jointly for that year, and then the following years we each claim 1 of the kids.

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Dustin Mitchell
Phenomenal Film Handler

Posts: 1865
From: Mondovi, WI, USA
Registered: Mar 2000


 - posted 09-11-2010 01:51 AM      Profile for Dustin Mitchell   Email Dustin Mitchell   Send New Private Message       Edit/Delete Post 
http://www.irs.gov/pub/irs-pdf/i1040.pdf
Bottom of page 14, top of page 15. Your dad might be a judge and I might only be a student in an Income Tax class but I'm pretty sure the IRS won't let you file as Married Filing Joint for the year you were legally separated and/or your divorce was finalized.

Edit: You can certainly change a lot of things in a divorce decree, who can claim a dependent exemption being one of them. I don't think you can change what filing status you are allowed to take though; the rules on that are pretty clear.

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Richard Hamilton
Phenomenal Film Handler

Posts: 1341
From: Evansville, Indiana
Registered: Jan 2000


 - posted 09-11-2010 07:01 AM      Profile for Richard Hamilton   Email Richard Hamilton   Send New Private Message       Edit/Delete Post 
Dustin, Separated in 2005, divorced in 2006. This IRS problem is from 2004, the year I was working my ass off and she didn't feel the need to get a job. She even put the kids in day care and afterschool care. I guess she didn't want to be interrupted during her soaps.

Oh well, I still get to pay her and her fiance every week (which i do) and I get to claim it on my taxes. Oh yeah,,,,the IRS sends my refund check directly to her. [fu]

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Dustin Mitchell
Phenomenal Film Handler

Posts: 1865
From: Mondovi, WI, USA
Registered: Mar 2000


 - posted 09-11-2010 01:49 PM      Profile for Dustin Mitchell   Email Dustin Mitchell   Send New Private Message       Edit/Delete Post 
Well that really sucks man; for the record I was just trying to help out. It sounds like you have to file Married Filing Separate for 2004 now, which is the worst tax bracket [Frown] .

Good luck man.

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Pravin Ratnam
Jedi Master Film Handler

Posts: 844
From: Atlanta, GA,USA
Registered: Sep 2002


 - posted 09-12-2010 01:15 AM      Profile for Pravin Ratnam   Email Pravin Ratnam   Send New Private Message       Edit/Delete Post 
I know who I want to party with if I ever visit China. Richard, let us know if you ever go to China again. You might get some unwanted friendly visitors.

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Richard Hamilton
Phenomenal Film Handler

Posts: 1341
From: Evansville, Indiana
Registered: Jan 2000


 - posted 09-12-2010 07:17 AM      Profile for Richard Hamilton   Email Richard Hamilton   Send New Private Message       Edit/Delete Post 
quote: Pravin Ratnam
I know who I want to party with if I ever visit China.
I never party when I visit China [Big Grin] During one of my installs, the screen guy and me made dinner plans. He was a few doors down the hall from my room at the hotel. He knocks on my door, and all I could say was "Bobby, you have to come in and check this out!" Peng (my girlfriend) and 2 of her girlfriends were all in the shower giggling and having a good time [Smile] . He said he could hear them and that was enough, I told him I had been in there quite a few times (swinging open the shower curtain!) while I was getting ready for dinner. I almost cancelled dinner and took another shower [sex] , but I had seen all of them naked before, and Peng was waiting for me when I got back to the room after dinner [sex]

Again, I don't party in China [Big Grin]

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Richard Hamilton
Phenomenal Film Handler

Posts: 1341
From: Evansville, Indiana
Registered: Jan 2000


 - posted 02-28-2011 02:14 PM      Profile for Richard Hamilton   Email Richard Hamilton   Send New Private Message       Edit/Delete Post 
Well, I Think my ex got married this weekend. I've met her new husband last time I got the kids and he seems like a very nice guy. I wanted to warn him, but couldn't get him alone.

Now I need to rant: You'll read the (short) story of Rick.

Before I started dating my ex, I owned both a Porsche and BMW (yes I'm a car guy) parked in the driveway of my own house. She had an old Cavalier. I'm not sure how it happened but after we married the Porsche and BMW went away and I was driving her old car and we bought a newer BMW for her? Then I had to buy a better house, which made us living paycheck to paycheck.

It just sucks that I have to still pay her over 1K a month, I rarely see the kids, and she is living in a very nice house in a gated community in FL, and I am stuck back home living with the parents. I've worked odd jobs here and I get a paycheck showing I worked 40 hours and after support is taken out, my check is for $0.00

I'm working on a deal with my friends in China for a new amusement park. I think I may just relocate there.

Rant off:

I'm not asking for sympathy, just needed to get some of my thoughts out.

Rick

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Joe Redifer
You need a beating today

Posts: 12859
From: Denver, Colorado
Registered: May 99


 - posted 02-28-2011 07:31 PM      Profile for Joe Redifer   Author's Homepage   Email Joe Redifer   Send New Private Message       Edit/Delete Post 
Bottom line: Don't get married!

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Mike Heenan
Phenomenal Film Handler

Posts: 1896
From: Scottsdale, AZ, USA
Registered: Mar 2000


 - posted 02-28-2011 07:40 PM      Profile for Mike Heenan   Email Mike Heenan   Send New Private Message       Edit/Delete Post 
Or get married, but get an iron clad pre nup.

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Manny Knowles
"What are these things and WHY are they BLUE???"

Posts: 4247
From: Bloomington, IN, USA
Registered: Feb 2002


 - posted 02-28-2011 07:45 PM      Profile for Manny Knowles   Email Manny Knowles   Send New Private Message       Edit/Delete Post 
Then what's the point?

Don't get married.

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Louis Bornwasser
Film God

Posts: 4441
From: prospect ky usa
Registered: Mar 2005


 - posted 02-28-2011 08:57 PM      Profile for Louis Bornwasser   Author's Homepage   Email Louis Bornwasser   Send New Private Message       Edit/Delete Post 
Doen't alimony stop when she remarries? Louis

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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 02-28-2011 10:20 PM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
I think child support is part of that monthly tally.

I've heard lots of horror stories like this, as well as seen my younger brother go through a couple of bad marriages. That has given me the incentive to never be in any rush to get married. We learn from our mistakes? To hell with that! I like learning from the mistakes of others! It's a lot less costly and painful.

I'm not opposed to getting married at some point. But I think I'm probably getting a little old and set in my ways to be worth a shit at dealing with it.

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Richard Hamilton
Phenomenal Film Handler

Posts: 1341
From: Evansville, Indiana
Registered: Jan 2000


 - posted 03-01-2011 09:21 AM      Profile for Richard Hamilton   Email Richard Hamilton   Send New Private Message       Edit/Delete Post 
It's only child support, luckily alimony was never brought up. One of my best friends gets alimony and she said she won't get married because she loses that payment. A few years ago she bought a home in a new neighborhood with her boyfriend. They live just like an average married couple, but she still takes that payment.

What I don't understand is why does the guy always suffer? Luckily my attorney in Evansville was good enough so I didn't have to pay her attorney fees here (50k), but I still had to pay both mine and hers fees in FL. This case cost close to 100k in fees, and I spent time in jail for falling behind in the beginning ($400 a week), all for about 12k in back child support that I was making payments on. I'll be making payments well after the kids turn 18.

Sorry, just ranting again
Rick

[Mad] [Mad]

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Jonathan Worthing
Master Film Handler

Posts: 384
From: Hereford, UK
Registered: Apr 2001


 - posted 03-01-2011 10:56 AM      Profile for Jonathan Worthing   Email Jonathan Worthing   Send New Private Message       Edit/Delete Post 
quote: Mike Heenan
Or get married, but get an iron clad pre nup.
If your love for each other is so weak that you feel the need for a pre nup, I think that should be a big warning sign to avoid marriage.

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