Is this person legally required to file a tax return?

Not everyone is required to file an income tax return each year. Generally, if your total income for the year doesn’t exceed certain thresholds, then you don’t need to file a federal tax return.

Does the IRS go by court orders?

But it’s important to remember that the IRS isn’t concerned with what your court order or custody agreement says when you file your taxes. The IRS wants to know who is the custodial parent. Only the custodial parent may claim the child as a tax dependent and file as head of household.

Can a state court order a spouse to file a joint tax return?

Requiring the parties to join in the joint endeavor of filing a joint income tax return following the divorce is a recipe for additional litigation when one spouse wants to file separately for whatever reasons.

Can a person claim to be a Guardian on their tax return?

You can’t claim to be a guardian of a person on your tax return unless you have been appointed as such by whatever court handles matters in your state, such as a family court or probate court. To be named a legal guardian, you must petition the court, which will review the case and render a decision.

How does the IRS process a child claim?

The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you’ll receive a letter from the IRS, stating that your child was claimed on another return.

Can a step parent file a joint tax return?

You may and should file a joint return even if only one of you has no income. Although a step parent has the same tax rights as a biological parent, your case is still stronger claiming the child on a joint return, rather than a Married filing separately (MFS) return.

Requiring the parties to join in the joint endeavor of filing a joint income tax return following the divorce is a recipe for additional litigation when one spouse wants to file separately for whatever reasons.

How is the IRS affected by a court order?

The Internal Revenue Code of the United States is not affected by a family court order. If the custodial parent is in violation of the court order, then that matter has to be taken up with the court. The court has the power to compel the custodial parent to abide by the court order if they are in violation.

The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you’ll receive a letter from the IRS, stating that your child was claimed on another return.

Can a court order the IRS to follow a court directive?

The court can’t order the IRS to follow the court directive, but the court can order the parent to follow the court directive. If the parent doesn’t sign the release form, the IRS will be quite happy to continue to award her the dependent exemption.