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marshagholder · Feb 19, 2009, 05:36 AM

Hello!
I was married 3/16/08 and I owe the IRS $ for student loans. On top of that, I have not filed taxes for 5 or 6 years :eek: I don't think I owe much $ for taxes since I never really made more than 25,000 in any year. I do however owe about 20k in student loans that have not been paid in over 5 years. My husband and I have 2 children and rent a home. Now that we are married, should he file the same as last year... single with 2 children. I just didn't file. Now that we are married should he claim me being that I have had less than 5k of income in the past year due to having a baby and then being laid off (while on maternity leave). If he claims me will they with hold his return since I owe. If he files single w/2children can they still find out we are married and take his return?? Oohh yeah! Do you know any good tax people? I think that our situation is beyond H&R Block lol!

KARIEMELIA · Feb 19, 2009, 06:35 AM

I just have a question for you and please don't take this the wrong way, but why haven't you filed taxes in the last 5 - 6 years?

JudyKayTee · Feb 19, 2009, 07:01 AM

Your husband can't file single with 2 children because he's not single. He's married. You can, obviously, file a joint return now.

He can file and include an injured spouse form so he's not liable for your taxes. He is not liable for your taxes unless there was some type of fraud in which he was involved.

And, yes, you could be charged criminally if you should have filed and did not - only you know those circumstances.

I don't know about past history but if you don't understand how taxes are filed and calculated, you need to see someone this year to determine how to proceed or your husband is suddenly going to be involved in your tax problems.

marshagholder · Feb 19, 2009, 07:01 AM

I was just going through a hard time. My dad was passing. He had cancer and 3 months after he passed my mom was diagnosed w/cancer. Then I had a boat accident where I was paralysed for 6 months. After nearly being killed I decided to get married and I had a child who was premature and very ill. Through all this I just figured they would just keep my return since I owed $ for student loans. I was a college student with two dececed parents. I had no one to guide me on the importance of filing. I'm just trying to make it right. It just wasn't at the top of my list given the circumstances"

JudyKayTee · Feb 19, 2009, 07:05 AM

Sounds like a brutal period in your life. Right now IRS is very, very forgiving about unpaid taxes. I think you need to make this right but I think you first need to get the 2008 taxes filed correctly and then you can look at how to best handle the past taxes (if you owe any back taxes).

Glad to see that life has straightened out for you and, yes, stress makes us do things or forget things that would NEVER be an issue any other time!

AtlantaTaxExpert · Apr 15, 2009, 03:26 PM

Marshagholder:

Get all of your tax data together for the past 5-6 years and find a local tax professional to help you sort it out and file your back tax returns.

BTW, you are NOT going to be held criminally liable for not filing the returns. This happens A lot, and no one goes to prison for it.

You have forfeited any refunds from 2005 and earlier, which is a shame because those refunds could have reduced your student loan debt.

Once you get caught up, you can file Form 8379 (Injured Spouse Allocation) going forward when you file jointly with your husband so he gets to keep his portion of the refund.

You eventually will need to pay those student loans back, or they will be a big black mark on your credit history.