Legal Question in Tax Law in Florida

i owe back child support from a previous marrage. Ive since remarried. What would be the best way to file this year? Should we file married seperate ? or injured spouse or file together at all?

Asked on 1/21/13, 8:44 am

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Your advised filing depends on the present tax situation. If your present spouse

may be affected by your back child support (for example, if you owe the IRS back taxes

which they will assess you and your present wife), you should file a Form 8379 which

allocates tax liability between you and your present wife. You can and likely should

file a joint tax return because it is generally best. If you owe the IRS much back taxes,

you may consider filing separate tax returns although it may adversely affect either of

your returns because your deduction/exemptions are less. If you don't owe the IRS

any back taxes but are merely liable for back child support, you can address the

child support issue apart from taxes and file a joint return. But it does depend on

your specific situation so you should consult your tax preparer.

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Answered on 1/21/13, 9:42 am

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