Divorce and taxes?

Question

Ok so tax time is right around the corner and my husband and I are separated no papers have been filed. Our son is staying with me and I am taking care of him and paying for his living expenses by myself. How do I file taxes now? Do i filed as married but separated and claim my son? what if he does the same thing will we get in trouble? HELP this may sound bad but i deserve the tax money i have worked and paid for our son all along and now i am the sole provider for him.

Answer 1

File married but separated and claim your son and let your husband know your plans and your reasons.

Hopefully he doesn't claim your son out of spite. Maybe you can agree to trade off years in the future, so next year he can claim him.

Another option is to file together (if it's possible) and then start the trade off next year. You first, of course.

Good luck.

Answer 2

A word of caution. You absolutely MUST check your state instructions about how to do this. There are a handful of states in the US which are considered marital property and throw out the rules from the answer above. In that case, I can't remember if the IRS has to comply with the state regs...........but I strongly think they do.......meaning, you would still be considered married under TAX law in your state. Then, it is quite possible that you have to split your income, withholdings and other amounts down the middle, no matter who earned them.

Simply, it can get ugly.

Look up Department of Revenue and your state. It should take you to the website. Examine the instructions for the individual return you filed last year, using the current year version. Search for divorce or separation.

And if your situation is like what I outline above, consider hiring a CPA. NOT H&R Block, but an experienced firm who can handle the complex situation. You might pay, but could have a much better strategy for the current and future year.

Answer 3

when exactly did you "separate"?

You are considered NOT married if all of the following apply:
-you lived apart from your spouse for the last 6 mos of 2006
-you paid over half the cost of keeping up your home for 2006
-your home was the main home of your child for more than half of 2006
-you can claim your child as your dependent

if you lived apart from your spouse for the last 6 mos of 2006, then you can file as "head of household" and claim your son. this is more advantageous than filing "married filing separate."

if all of the above do NOT apply, then you may file "married filing separately" and still claim your son.

the IRS will notify both of you if you both claim your son. but since you are entitled to claim him, your husband will have to amend his return. but you should discuss it first as it may hold up any refund due you.