Wife filed taxes with maiden name and as head of household without my concent and has me on the form as a spouse but not filing

Asked over 1 year ago - Buffalo, MN

also need to list my daughter as a dependent and have information for schooling

Attorney answers (3)

  1. Tricia Dwyer

    Contributor Level 19

    3

    Lawyers agree

    Answered . Hello. Your post and questions are not clearly written. One spouse does not need permission from the other spouse in order to file personal income taxes separately. As to the other matters, more information needs to be known upon discussion with you. I urge you confer with an attorney who can assist you in tax matters or an accountant. Some attorneys, myself included, are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best.

    Tricia Dwyer, Esq., Tax Law, Family Law, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator,... more
  2. Ronald J Cappuccio

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Since you were married as of December 31, 2012, you are considered married for tax purposes. You and your wife must file either married filing jointly, married filing separately, or under some circumstances it may be possible to file as head of household. It sounds like your wife was trying to get a bigger refund by filing as Head of Household. Unless you have been separate for a long time, this is not proper, You need to contact a CPA or other tax professional to prepare your tax return.

    Good luck!

    Ron Cappuccio
    www.taxesq.com

    If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary... more
  3. John P Corrigan

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . Your spouse does not need your consent to file her own tax return, albeit she claimed the wrong status to reduce the marginal tax rates imposed for married-separate vs. Head of household.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a... more

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