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Fort Lauderdale Florida online Form 8857: What You Should Know
Have been injured by the other spouse or former spouse who is liable for child support, court-ordered alimony or child support arbitrages. 2. Have a valid claim for spousal support under state law or a valid claim for child support paid by the other spouse or former spouse. 3. If the injured spouse is a minor, the claimant must have custody of the minor child, unless such custody was given to the other spouse prior to the filing the joint return. If so, the claim must be made by the surviving parent not the other spouse or the other spouse must not have custody or control of the minor child. This would only apply if the claimant is not seeking payment of spousal support from more than one spouse. . Frequently Asked Questions on Innocent Spouse Relief and the Form 8857. Questions to Ask the Claimant to Establish the Claim for Innocent Spouse Relief. Who is not eligible for innocent spouse relief in the joint return? You may not request innocent spouse relief if the other spouse or former spouse is or was the spouse, spouse's parents, or parents' parents. You need a claim for spousal support or child support paid to your spouse, former spouse, or parent, and you must have filed a valid claim for spousal support or child support. I'm not on the other spouses or former spouse's tax return. Can I still apply for innocent spouse relief? You may not be eligible for innocent spouse relief if you are on any of the following tax return's: Form 1040 — Joint Return, Form 1040A, 1040A-EZ, 1040EZ — Employer's Quarterly Tax Return, 1040M, 1040NR or 1040Q. If you are on Form 1040 — Joint Return, you must claim your spousal share. If you are on 1040A, 1040A-EZ, 1040M, 1040NR or 1040Q, you must have a current claim or claim for the spousal share of non-business income. You only need a current claim for spousal support or child support. I filed a separate return for the wrong number of days — who gets the share of my refund? You claim your share and the IRS gets the whole refund. (This only occurs when filing for refund.
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