Can taxes be amended if divorce decree states to file jointly?

September 6th, 2009

Can taxes be (forcefully) amended if the divorce decree states that the divorcees file jointly for a specific year, yet one spouse acts quickly and files separately claiming the children anyhow - against the court settlement?
This may be more of a family/divorce court question of the spouse who filed against the decree being in contempt of court or not, and what to do about it. Thank you for reading, any input is appreciated.

Entry Filed under: divorce

1 Comment Add your own

  • 1. Cat  |  September 6th, 2009 at 11:28 pm

    Separate returns can be amended to file jointly.

    Joint returns can not be amended to go separately.

    So, yes, the IRS will allow it. But how you force someone to sign an amended joint return is another story.

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