Tax Refund Husband declared bankruptcy not me

[JimH]

Ohh I thought someone posted above that in her state she can claim up to half of his income as her own??

lol.... yes that was my post. In a community property state technically his income is both their incomes. She has no w2 though to file separately with so I believe her only option is a joint return with form 8379. I don't live in a community prop state so I'm not fully up to speed on this issue - I just know that without any income of her own she can still use form 8379 to claim a portion of the return. Also, I'm pretty sure all of the EIC cannot be touched anyways so there is a chance that they won't have to do anything creative.

This is really a complex question to answer. She'll know more once she talks to her atty and accountant.

[ducksinarow]

I hope the accountant can get it worked out for you so that you get to keep some money. Maybe not all, but some at least.

[SinkingFast]

I would think, if it's a community property state, and his income is half her's, then half the tax refund is hers as well. She wasn't an original party in the BK filing. Seems like the Trustee would only be entitled to take hubby's portion and not hers.

Ok let me get this straight. You are wanting a part of the tax return from what your husband made on his employment? .......................... I don't know whether or not you are entitled to or deserve money that you have not yourself earned, however no you will not get it.

I personally, take exception to that comment. Stay at home Mom's are worth a lot. If you put all they do in $$$ terms for the many different jobs/tasks they perform and how many hours they are "on the job" each day, every day, no weekends or holidays off, it's a lot. I read a recent news article where the average salary equivalent for a SAHM would be in excess of $130K/year. Think about the costs for childcare, a personal shopper, a cook/chef, a cleaning person, laundry, and all the many other jobs SAHM's perform. It all adds up.

So, YES, she is more than entitled to consider half his income as $$$ she EARNED.

[JimH]

If the father is paying child support I can guarantee you the money he sends is no where near the amount the new husband and she spend on them.

I beg to differ on that. My ex lives happily off of my children's child support payments, she doesn't even have to work and hasn't for 6 out of the last 7 years. This is all while I live on the brink of bk.

[FilingOnMyOwn]

I would think, if it's a community property state, and his income is half her's, then half the tax refund is hers as well. She wasn't an original party in the BK filing. Seems like the Trustee would only be entitled to take hubby's portion and not hers.



I personally, take exception to that comment. Stay at home Mom's are worth a lot. If you put all they do in $$$ terms for the many different jobs/tasks they perform and how many hours they are "on the job" each day, every day, no weekends or holidays off, it's a lot. I read a recent news article where the average salary equivalent for a SAHM would be in excess of $130K/year. Think about the costs for childcare, a personal shopper, a cook/chef, a cleaning person, laundry, and all the many other jobs SAHM's perform. It all adds up.

So, YES, she is more than entitled to consider half his income as $$$ she EARNED.

I agree 100%. However, this man is supporting kids that ARE NOT HIS. If the housewife does not work, and the husband goes to work and supports someone elses children in his household, why should he have to give away his tax deduction that he has rightfully earned. Unless the real father pays child support than he should obviously be the one using the deductions. Now as far as their household is concerned, yes the husband should be giving her some of her own money to have from time to time, perhaps a budget laid out so all their income is allocated for each of them to spend on certain things. But thats a separate issue. It seems to me shes very lucky to have found a husband willing to take on such a responsibility, and I am thinking it may be perhaps a bit greedy of her to think that money is automatically rightfully hers. If the real issue is that he doesn't give her any money and she thinks hes a cheapass, well that sucks but in that case she shouldn't have married him in the first place.

[JimH]

Just for the record, when I read Debbie's post I don't read that she is wanting "her" cut. This isn't about her being greedy or something as several people seem to be interpreting it. I read that it's unfair for her and her husband to lose their tax return money when it is obvious that their return money is all because of her and her children - whom are not filing bk.

[SinkingFast]

Just for the record, when I read Debbie's post I don't read that she is wanting "her" cut. This isn't about her being greedy or something as several people seem to be interpreting it. I read that it's unfair for her and her husband to lose their tax return money when it is obvious that their return money is all because of her and her children - whom are not filing bk.

That's pretty much what I understood.

Hubby filed BK due to debts from before they were married. When he filed taxes, if he didn't use wife and kids, he'd owe money. By using wife and kids, they will get a refund.

[ducksinarow]

I beg to differ on that. My ex lives happily off of my children's child support payments, she doesn't even have to work and hasn't for 6 out of the last 7 years. This is all while I live on the brink of bk.

Well there is always an exception to the rule. You must make a lot of money for that to be the case. But then you are filing bankruptcy so I am not sure how she is living off child support unless she chooses to live poor or getting welfare payments or something???

I do find your comment "she doesn't even have to work" a little umm... well. Let's see. The kids live with her, right? In other words she's doing the "work". The money isn't just paying for her to sit on her bum eating bon bons all day I am sure.

Raising children is WORK and one of the hardest jobs out there.

[bkfiler]

when i have kids im gonna use duct tape and vodka.

i figure i worked to 'have the kid' so it must work on the kid too no?

hey this migh tbe a 'solve-all' kit i got going here. wonder if it would work on the trustee too lol

{{{}}}}

[FilingOnMyOwn]

Just for the record, when I read Debbie's post I don't read that she is wanting "her" cut. This isn't about her being greedy or something as several people seem to be interpreting it. I read that it's unfair for her and her husband to lose their tax return money when it is obvious that their return money is all because of her and her children - whom are not filing bk.

I dunno. If the real father pays child support, or doesn't, and claimed the kids on his tax return as deductions, would she deserve a right to that money too? Where does it end. When I read the original post, I took it as her expecting money from her new husbands tax return because of her kids. Correct me if I'm wrong, but it genuinely sounded like she expected to have this money for herself. After all, she came here for opinions, and she will let me know if I'm wrong, don't you think?

[JimH]

Well there is always an exception to the rule. You must make a lot of money for that to be the case. But then you are filing bankruptcy so I am not sure how she is living off child support unless she chooses to live poor or getting welfare payments or something???

I do find your comment "she doesn't even have to work" a little umm... well. Let's see. The kids live with her, right? In other words she's doing the "work". The money isn't just paying for her to sit on her bum eating bon bons all day I am sure.

Raising children is WORK and one of the hardest jobs out there.

Well it seems like you are an expert. Thanks for explaining my situation to me.