1st cousin marriage and taxes sticky situation!!!

Discussion in 'General Discussion' started by Trinity, Feb 5, 2005.

  1. Trinity
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    Trinity VIP Member

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    I have a cousin, who I will call Stacy, she married her 1st cousin, who I will call Dave.

    Now Dave and Stacy started seeing each other when they were younger and Stacy got pregnant around the age of 19. Dave's mother, Stacy's aunt pushed them into getting married. They did and had 2 beautiful healthy children.

    Well many years had gone by and someone mentioned to Stacy one day that you can not marry your cousin in the state of Kentucky which is where they were married and lived. She decided to do some checking on that and sure enough, their marriage is void. Well Dave was upset because she found out this info. and things had already been rocky in the marriage. Dave moved out back in October and was gone for about a month with no contact to her or the children. She packed up her's and the kid's belongings and went to stay with family in Colorado.

    Dave has now sent her divorce papers, which she has no intention of signing, because they are not in agreement on custody issues, or where she will live with the children. She is planning on staying in Colorado.

    She's thinking that because their marriage is void there is no reason to file for divorce, however his mother is pushing for this because the past 8 years they have filed married filing jointly on their taxes.

    She is not sure what to do because she is afraid they may come after her for tax evasion. Although she did not know their marriage was void until recently.


    So if anyone has any advice on this please post or pm me.

    I advised her to contact a lawyer and see what they say, however she is not working and doesn't have much money.
     
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  2. krisy
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    krisy Senior Member

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    Kentucky sounds like the right state to me!! :laugh:
     
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  3. Trinity
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    Trinity VIP Member

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    Actually they are both from Kentucky, Go figure!
     
  4. 5stringJeff
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    5stringJeff Senior Member

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    No idea on the taxes... but they could just move to a state that allows 1st cousin marriage and get re-hitched!
     
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  5. angelblue
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    angelblue Rookie

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    if i were her i would call a lawyer and find out what her rights are
     
  6. Johnney
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    Johnney Senior Member

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    doesnt quite sound like they, at least he, wants to!
     
  7. jregussa
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    jregussa Guest

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    I would tend to think the IRS would look at this as a common law marriage.

    I am sure their is laws for the IRS that pertains to common law marriage.

    JMO
     
  8. Trinity
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    Trinity VIP Member

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    There not wanting to get ri-hitched, their both wanting it over.
     
  9. 5stringJeff
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    5stringJeff Senior Member

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    Oh. Never mind! :D
     
  10. no1tovote4
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    no1tovote4 VIP Member

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    The IRS has help available in cases like this, the organization isn't the worst in the world and the "more friendly" face that they are trying to acheive by POTUS order is also helpful.
     

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