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

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.

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This entry was posted on Saturday, August 21st, 2010 at 6:45 pm and is filed under family solicitor. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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2 Responses to “Can taxes be amended if divorce decree states to file jointly?”

  1. Cat Says:
    August 21st, 2010 at 6:46 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.

  2. Jss Says:
    August 21st, 2010 at 6:46 pm

    If you are divorced in the year, you can not file as married filing jointly or married filing separately.
    If you are still married on last date of the year, you can file as married or head of household (if you qualify).