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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

Buffalo, MN |

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

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Filed under: Tax return Tax law
Attorney answers 3


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

If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary for you to try prove this answer is "wrong" or something with which you do not agree. This is a free service for you based on limited facts. Nevertheless, many times you need to consult an attorney with the details to get actual advice specific to your concerns. Do not put too many details in your questions or comments because this makes the information public and could hurt you. Government Regulations contained in IRS Circular 230 regulate written communications about Federal tax matters, including e-mail, between us and our clients. This is another attempt by the government to limit your rights and to extend the control of government over individuals and businesses. Nevertheless, such communications are either opinions or other written communications. This is not an opinion. It is other written communication and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.


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 licensed attorney in your State should be obtained.


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, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See

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