Dec
28
Can taxes be amended if divorce decree states to file jointly?
Filed Under (Divorce Issues) by Catherine
kirstyre


Can taxes be (forcefully) amended if the divorce decree states that the divorcees file jointly for a specific year, yet one spouse acts quickly and files separately claiming the children anyhow – against the court settlement?
This may be more of a family/divorce court question of the spouse who filed against the decree being in contempt of court or not, and what to do about it. Thank you for reading, any input is appreciated.

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Comments

Cat on 30 December, 2008 at 12:39 pm #

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Separate returns can be amended to file jointly.

Joint returns can not be amended to go separately.

So, yes, the IRS will allow it. But how you force someone to sign an amended joint return is another story.


Jss on 30 December, 2008 at 12:41 pm #

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If you are divorced in the year, you can not file as married filing jointly or married filing separately.
If you are still married on last date of the year, you can file as married or head of household (if you qualify).