Spouse

Question: How my spouse's credit score will affect to get a mortgage? My spouse and I are planning to buy a house in the next few months. I am wondering how my spouse's CS will affect to get a good mortgage deal. I have good credit (781, just checked) but my spouse has been accumulating credit history for less than two years. A point that may be consider is that neither my spouse nor I carry credit card debt, just student and car loans. The total payment is less than 5% of our monthly income. Thanks!

Answer: When you apply, put your name first on the application and your spouse as teh cosigner. You may get a slightly higher interest rate because of her score, but I think you'll still be okay. Do you know what her score is?

Question: If your spouse is a bigamist, can you change filing status from married joint to head of household? If you filed you original return as married filing joint and you discover that you should have NEVER EVER filed married/joint because your were never legally married because your "alleged spouse" was already married (and not divorced) to someone else, can you change your filing status then? I live in Louisiana, and common law marriage is never considered legal in any way. I can't file injured spouse because I was not the spouse. I want to ammend my returns for those years.

Answer: You have what is called an "invalid joint election"--which *is* a valid reason to change the filing status from MFJ to single or HOH (assuming you qualify). Attach whatever documenation you have that your marrige wasn't legal to the 1040X (or 1040A) when you file.

Question: Does a military spouse supposed to get a part of spouse paycheck? Is it required for a service member to give the spouse a portion of paycheck? Or is it as long as the family is provided for (like food clothing and shelter) anything extra is the responsibility of the mil spouse even they stay at home, take care of kids and finishing degree? BTW there isn't BAH.

Answer: Well, it depends upon your relationship. In a normal healthy relationship, the money is a shared commodity, with the working spouse having more of a say on how it is spent, but the spouses sharing the funds. This includes bill paying, savings, investings, shopping, etc. And, generally funds are kept in joint accounts. In other relationships, accounts are kept separate, with each spouse controlling their own income, with some sort of a sharing of the bills. In the case of a non-working spouse, often they are merely given an allowance, with the working spouse having complete control over all of the funds. None of this has anything to do with the fact that one spouse is active duty. This is a relationship issue, not a military issue. And, from past experience working with spouses..... the second scenario rarely works out, generally resulting in divorce. Best advice.... seek counseling NOW!! Get these money issues dealt with now, before it's too late.

Question: How long should a spouse wait before being concerned that sex is not a priority in the relationship? How long should a spouse wait before being concerned if sex is refused or put-off in a relationship? This is based on no other person in the picture (cheating) but strictly a marriage where one spouse doesn't want or ever feel like having sex but acts like it's perfectly normal. Or maybe this is natural as a marriage matures?

Answer: As marriages mature, I believe that the need/desire for sex does wane somewhat. Sometimes, it's just that the couple or one of them is just too busy, tired, stressed, depressed, or feeling under appreciated, taken for granted, or just disconnected. My husband once told me that when he was single, all he could think about was sex- when was he going to be able to get it again- and now that he is married and can have it any time that he wants, it's not such a big deal. Our sex life went from 3 times a week to once every three months in about five years time. I don't know what your circumstances are, but don't let it go as long as I have thinking that it will improve. It may if you are lucky, but be honest with him about your feelings, don't assume he knows how you feel. Don't let fear keep you from speaking out, letting him know what you need, and finding out what he needs from you to make it happen. Be open and honest, that's the only way to keep your marriage moving in the right direction. Good luck!

Question: What are an estranged spouses rights upon death of spouse in louisiana? I've been separated for over 10 years but no legal filings have been made. If I die today does my estranged spouse have the right to my body , funeral arrangements and my estate? We have lived apart and with other partners since separation.

Answer: If you die today and you're not DIVORCED your spouse gets it all. A separation, legal or otherwise is NOT a disillisionment of marriage. As long as there is no divorce decree your spouse is still your spouse and your partner get's nothing if you die, even if you have a will your spouse can contest it and win based upon the fact that there is no divorce decree.

Question: Would my spouse be entitled to study at a UK university or college while on a settlement visa? My spouse-to-be and I are planning to move back to the UK from China next year, and she would like to study. Is this possible on a settlement visa? If not, when would she be able to look at going into further education?

Answer: I don't see why not.

Question: Is the spouse and taxpayer adjusted gross Income the same if you filed married filing jointly? I am trying to efile, we filed married filing jointly last year, do I enter the same amount for both our AGI's or do I put the AGI as the taxpayer and zero for the spouse lines? We put the same amount in on Friday and it got rejected. We did end up doing a 1040X for 2007, those are the amounts we used, but got rejected. We are currently trying to use just the 1040 AGI and have not gotten acceptance back yet.

Answer: If you filed a joint return last year, then your AGI is the same as for your wife's AGI. For example, if your AGI from last year return was $18000, then when asked about your wife's AGI from last year, you would want to put the same number in.

Question: If a spouse is caught cheating, does the faithful spouse get more out of the divorce? I heard somewhere (depending on the state) that if one spouse is having an affair, the faithful spouse does receive more in the divorce. Does anyone know if this is true and if so, how to discover details in individual states?

Answer: Most states are no fault, so no. Honestly I don't think it should either. Cheating is terrible yes, but property division is a legal matter, not a reflection of your character.

Question: What happens if my seperated spouse cashes our jointly filed tax return? What is my recourse if my separated spouse cases our jointly filed tax return and keeps all the proceeds? My ex spouse has repeatedly refused to give my share of the proceeds.

Answer: Good luck, the local authorities are your best bet unless you signed the check. The IRS will not do anything unless fraud is included as in he forged your signature, the bank could be liable if they accepted a forged signature. You would have to prove it was a forge and the bank knew it. IRS won't really do anything as it is a civil case.

Question: Can a spouse of a convicted felon legally own a firearm in California? If a spouse pleads guilty to a non-violent felony can the other spouse possess a firearm without breaking the law or forcing the convicted spouse to be in violation of probation? If so, what requirements must be met to be legal?

Answer: According to California Penal Code 12021, a convicted felon "who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony." So, a felon's spouse is not prohibited per se from owning a firearm but that firearm can't be in the custody or control of the convicted person. Generally, that would mean that it can't be in the same house or accessible to the felon. If the spouse can somehow store the firearm away from the house and there is no possible way the person can get to it, its probably legal but still risky. Keep in mind that there is the possibility of restoring gun rights after a conviction. A non-violent conviction followed by completing probation, etc may end in being able to own a gun again after petitioning the court.

Question: Is a spouse automatically the beneficiary of a retirement account owned by the other spouse? Is a living spouse entitled to the other spouses retirement income even if other beneficiaries are listed on the beneficiary form?

Answer: The beneficiary is the person/persons named on the account. Named by the owner of the account. The living spouse might protest this and bring this protest to 'estate' court. If the will/account and estate is in proper order and no 'hanky-panky' was involved, then the spouse hasn't a prayer. On the other hand, if no beneficiary was named by the owner, then the spouse is the beneficiary. And of course, other can protest this a bring it to 'estate' court. And again, if all is in order and there was no 'hanky-panky', then the spouse gets the accounts.

Question: I had to file injured spouse to get my part of joint tax return. How will that affect my tax rebate in May? A company that my husband owed took our joint tax return because he had fallen behind on payments. I filed injured spouse to get my portion of the return. He still owes them some money, but is now on a repayment plan. Will they still try to take the tax rebate money we get in May? Since I filed injured spouse, does that effect the amount we will receive?

Answer: Companies cannot intercept tax refunds. State and Federal agencies can. If a private company got the refund, it's because they levied the bank account. The injured spouse form only applies to back taxes, student loans, child support and other state/federal debts. if this applies, the form will cause the rebate check to be split 50/50. However when it gets to the bank account, it can still be levied.

Question: How does a spouse married to a greencard holder file for residency? How does a spouse married to a greencard holder work towards permanent residency? What forms can be filed?

Answer: The LPR can file to bring you to the US ... takes about 6 years to get the visa But once they get citizenship a green card will be available to you immdiately ... You cannot wait in the US ... but you can visit with the appropiate visa

Question: I filed injured spouse how long does it usually take to receive the refund after filing? I have received my state refund a few days ago. For those who have filed injured spouse before how long does it typically take to receive your federal refund back. Thanks. It has been 5 weeks so far thanks for all the responses!

Answer: It should take about 8-12 weeks, but I always call them for updates. Once the IRS send the letter stating your check is being held, for whatever reason, they advise you to call the number on the letter in order to speak with a rep from that department. My husband owes a debt, so I have to file our joint return with the injured spouse form. Every year they say it should never be more than 120 days. Sometimes it's sooner, other times it's not. My advise is to list all of your dependents in your column, where they say to state your income and exemptions if you were filing an individual return. That's how I do it, and we end up getting more money back than we would have if we split the children equally. Check the rules in your state.

Question: Can a military spouse living overseas work online from home? I am a male military spouse, living overseas with my wife. I cannot find any work here. I was wondering if I could work as a survey taker or data entry clerk. I've searched for both, but everything either asks me for money or denies me because my ISP is Korean. Can someone help me out?

Answer: Hi Shaun, The most of the affiliate companies will ask you for money... U can try freelancer.com or visit gdi-marketing.com... Contact us there, maybe there is solution for you problem...

Question: What would you do if your spouse asked for a divorce via text Message? Spouse has to work and live in a different city. See one another as often as possible. Then comes the text. If a spouse asked you to marry them face to face (and on one knee), shouldn't they ask for divorce the same way?

Answer: I'd rub their toothbrush between my butt cheeks.

Question: How long would a spouse visa take from Philippines to the US? If I marry in the Philippines and apply for a spouse visa, how long will it take for the visa to be approved? What's a realistic expectation?

Answer: A K-3 (non-immigrant spouse) visa takes about 12 months. When she arrives she'll have to adjust status to immigrant. That's a pain and costs $1,010. A CR-1 (immigrant spouse) visa will take longer, maybe 15 to 18 months, but when she gets here nothing further is required. She'll just get the green card in the mail in about a month or two.

Question: How is stimulus payment impacted by injured spouse claiim? For the 2007 tax year, me and my husband filed. He owed child support and since i was the only one working I filed an injured spouse claim and later received a paper check. However, on my 1040 I did request to have my refund direct deposited. How will this impact the stimulus. Will this be directed deposited or paper check; does the injured spouse claim also cover the stimulus rebate.

Answer: More than likely you will recieve a paper check...and the IRS will take half of what your rebate amount is to apply it towards the debt...I had the same issue...and I thought we would just lose a portion of the rebate since you get more for being married and that the injured spouse could get the money for the kiddos but it dosen't work that way. The IRS takes your whole amount and splits it 50/50

Question: Can you and your spouse claim the same children as dependents if you both provided for them for 2007? My spouse and I are filing 'Married filing Separately' this year and was wondering if we could both claim the children as dependents since he paid for the childcare and some of the clothes but I provided everything else such as food, living quarters, clothes, school expenses.

Answer: Nope. A child can only be claimed by one person. You'll encounter a lot of disadvantages to "Married Filing Separately." Please make sure this is in your best interests before filing.

Question: Has anyone filed Injured Spouse 8379 when the injured spouse paid all the tax and non-injured earned little? What to expect with 8379 in this situation: tion: 1. Non-injured spouse paid no tax and would have no tax due regardless of filing status. 2. Injured-spouse paid all tax. $1k refund if MFJ, $50 refund if MFS. How much to expect back? Not a community property state. No dependents.

Answer: If you live in a community property state, they will split the income and expenses and credits straight down the middle. If you live elsewhere, they will proportion the expenses and credits to the percentage of income for both parties. Edit: From instructions F8379 http://www.irs.gov/pub/irs-pdf/f8379.pdf Specific Instructions Line 6. If you live in a community property state, special rules will apply to the calculation of your injured spouse refund. Community property states are: Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin. Generally, income, deductions, credits, and expenses are allocated 50/50 between spouses who live in a community property state. Overpayments are considered joint property and are generally applied (offset) to legally owed past-due obligations of either spouse. However, there are exceptions. The IRS will use each state’s rules to determine the amount, if any, that would be refundable to the injured spouse. Under state community property laws, 50% of a joint overpayment (except the earned income credit) is applied to non-federal tax debts such as child or spousal support, student loans, or state income tax. However, state laws differ on the amount of a joint overpayment that can be applied to a federal tax debt. The earned income credit is allocated to each spouse based on each spouse’s earned income. For more information about community property, see Pub. 555.