My ex wife and I were legally separated all of 2014. She used my kids as leverage and filed 2014 taxes stating we were married. She didn't work the entire year and wouldn't get a return if she didn't use me. She lived in an entirely different state. She filed our taxes, signed my name, didn't tell me until after it was done and threatened to keep my kids from me if I changed anything. ====>>She must file Form 1040-XIf you are legally separated under a court decree, and your state recognizes legal separation, then you can not file your return as either MFJ or MFS ;so, she must file her return as single or HOH filing status.
I have wanted to file an amended return since it happened, but I needed to clear all of our legal hurdles first to ensure she can't use the kids again. What can I do?===>> You need to file 1040X to correct the wrong filing status. However, whether or not she uses her kids on her return for tax purposes depends on her situation; I mean she can claim her kids aslongas she is their custodial parent; say she wants to file her filing status as head of household, then it gives her a higher standard deduction and lower tax rate than filing as a single person or as married filing separately, so naturally there are some qualifications that must be met: she must be single or has been separated for at least the last half of the yea; she must have paid more than half the maintenance costs for the home where she and the dependents lived.In this case, unless you are their custodial parent, you can not claim the kids on your return.
What are the repercussions of amending and what is the best way to go about doing it?===>> Since you've filed your return with the incorrect filing status, use Form 1040X to supply amended or additional tax information to change your filing status on your return. You need to submit Form 1040X to the IRS. Form 1040X will be your new return. And you need to explain the reson why you file 1040X. that is it