I filed married jointly and want to refile as single..my husband is alien and contributed nothing..haven't

Question

seen him in almost 3 yrs...he filed for divorce..i haven't received the final divorce papers as of yet..he has an iten # and kept me from receiving my stimulus pkg that i was entitled to and despartely need as my income was only $11,287 for the year of 2007

Answer 1

File an amended return and include a letter.

Answer 2

You can't amend a joint return to a separate one after April 15, which is long past.  And in any case, the stimulus payments are only given on the original return, not an amendment, so even if you could amend it that wouldn't get you a stimulus payment, you'd just owe tax for 2007 where you didn't on a joint return.

If you earn enough in 2008 to owe any tax, you will most likely get a tax break when you file next year due to the stimulus program.

Answer 3

I would go find a lawyer.

Answer 4

If you were able to file as single with no dependents, you would owe about $250 in income tax and receive a rebate of $300.  So your benefit would be $50, compared to owing no tax by filing a joint return.

But, once you file a joint return, you cannot change your filing status after the due date of the return.  At least now you know that the difference is minimal.  

Answer 5

If the divorce wasn't final at the end of 2007, you can't file as single.  If you amend and file as married, filing separate returns, it is likely that you may owe more taxes.  Go to your library with the tax return you filed.  The library should have the correct forms and tax tables.  Do the calculations and see how it comes out.  If it works out in your favor, file the amended return.