Seriously- a couple of years could make a big difference.
Or, put a clause that you will discuss each yea, and that it is at your sole discretion. That way if he owes you money or is an asshole in general- no deduction.
You have the power here- use it.
I just want to warn you if you do not have earned income, and alimony is not termed earned income, your refund would not be comparable to the $8,000.00 on the joint return. In the $34,000.00 range earned income credit (married filing joint with 3 qualifying children) is between $3,000 to $4,000 of the refund. If he files single with no qualifying children with the same $34,000.00 range he does not get earned income credit. If you file head of household with no earned income then you do not get the earned income credit either.
If you do not give up the right to claim them you can allow him to claim them in the future if it does not affect your current situation. Of course then you have make the decision again every year.
Forgot to add - but Williesmom said it - IF you let him claim One (1) child - make sure it is the OLDEST.
The lower the income - the more dependents - you will qualify for EIC (earned income credit) - and with THAT - your returns can increase from $500 to $1500 - @2000 (plus).
My sister went from $500 - to OVER $5000 just by changing her status from -married - filing separately - to Head of Household - (but she did have a son in college and THAT made a BIG difference for her.
Your EIC credits INCREASE with the LOWER the income - the MORE dependents - the HIGHER the return. Whether you are divorced or NOT.
Please TRUST us on this one.
You Do have the power here. Please USE IT!!
Can Not Believe
Me: BW - 62 FWH - 62 years old
Married: 41+ years 2 sons (34 & 30)
Possible OC: 32 years old/29 at the time
DD: Friday - August 13, 2010
OC refused paternity test
No Contact since June/2011
Figure for 3 kids is $2,441. I'm assuming they're all 16 or younger.
Your refund if you made $800/month would be roughly $4,840 with two kids and roughly $5,321 with three kids. FICA would be about $672 for you and $672 for your employer.
This is big stuff.
[This message edited by thenon-goddess at 8:58 PM, March 19th (Wednesday)]
Two steps forward and one step backwards, is still progress.
House: it doesn't matter what he wants. Who owns it -- are you both on the deed? or just him?
For example: we refi'd last year. To get the paperwork done faster and to take advantage of low rates (which were starting to go up), my H is now the holder of the mortgage. I told him it was not smart -- that we should both be on it *for his own protection* -- but, hey, what do I know? So now I have no obligation to pay the mortgage, should our marriage go south, but we BOTH own the house together.
If you BOTH own the house, then you BOTH are entitled to the proceeds from selling the house.
Ownership of the house, splitting proceeds from the sale of the house -- those are things you can negotiate in the divorce.
I'm so sorry you can't afford a lawyer. That means that you should take your time figuring out what is best for you and your children. It's not like he was trying to do the best for you and the kids when he had his A, walked out, and decided he didn't need to bother with custody.
Don't sign anything or agree to anything unless you completely understand it and are sure it is the long term right thing to do for you and your kids.
You are a stay at home Mom now but you may not be forever or your income can increase. Also as others stated you do have to pay taxes on alimony. I am no lawyer but I don't believe a judge can force an individual to give you a portion of their tax refund. It can be garnished for child support, etc but he doesn't willingly have to give you anything. He has nothing that will compel him to actually give you the money.
Also with the house, depending on laws in yrou area even if he owns the house you are still entitled to half the "appreciated value" if it has appreciated since you've been married. If it's upside down and he owns it then maybe you don't want to take it over since you can find an apartment or another house with better terms, that won't leave you chained to the property. You could walk away and he is stuck with the payments. Who's name is on the mortgage?
You really need a L. If you haven't please look into some groups that provide free legal aid or reduce cost legal aid based on income. Call a local women's shelter and ask them to point you in the right direction. The choices you make now WILL impact you for years. Just my 2 cents and I wish you the best.
[This message edited by 7yrsflushed at 8:38 AM, March 20th (Thursday)]
Stronger, the house is only in his name and always has been. That was actually a big fight a few years ago. We refi'd and I mentioned how I was bothered that I was never on it and he told me then that his dad had advised him to do it that way so that if I decided to cheat and leave him, some other man wouldn't end up with his house. I flipped and he quickly back peddled. I brought that up last night and he had absolutely no recollection of having told me that, which to me says that it was a lie. I wasn't on the mortgage because HE didn't want me there.
Anyway, the house situation is basically that we have a great interest rate and I have 4 kids and a house big enough for all of us. I have looked at rentals and to get a 2-3 bedroom house, I'm looking at paying what our mortgage is or a little more. I live in te country and my kids have plenty of room to run and play and they are in a great, small school, which is especially good for my son who suffers anxiety.
Anyway, for the last year we talked about how I would stay here with the kids an he would just keep the mortgage in his name. I assumed that meant that when I was done paying for the house, I'd at least get 1/2 of any profit (or more, I'll have paid on it for 25 years if I keep it to term), but he quickly put me in my place and informed me that HE has paid for everything so I deserve NONE of it. Funny because through our marriage it was "my money is your money, your job is to care for the kids, blah, blah" but now HE has paid for all of it.
We also went over taxes again last night and apparently he has a friend at work who has no custody and he gets to claim his kid every other year. I call
Bullshit on that, but it certainly lets me know his state of mind right now.
He told me last night "all of my friends told me to watch out that it would get ugly, but I told them, no, then on-goddess won't be like that, but I guess they were right." I asked him what exactly I was being like and he had no answer. Prick.
but he quickly put me in my place and informed me that HE has paid for everything so I deserve NONE of it.
[This message edited by 7yrsflushed at 8:44 AM, March 20th (Thursday)]
Because I make less than $400/month and it's under the table
I ignored this previously. However, I am coming back to it.
This is cheating. When you do not include all your earned income on your tax return, that is tax fraud or tax evasion. When you sign the bottom of your tax return under the statement:
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
knowing you have other income you are committing perjury.
Remember Al Capone didn't get convicted of smuggling, prostitution, or murder. He went to jail for not claiming income made "under the table" or "off the books".
[This message edited by justme29 at 2:18 PM, April 25th (Friday)]