My husband moved completely out of our home Sept. 20 last year. He is not the father of my 13-yr old child, I receive child support from her biological father. My estranged husband deserted us and does not assist me at all. He is not even in contact w/us at all, we don't even know where he lives. He left me to pay our $2300 pty taxes and my refund would be more than that, but way less if I don't file Head of Household to claim EIC. Am I allowed to file HOH and receive the Earned Income Credit?
2007-01-27 08:45:59 · 6 answers · asked by Nina T 1 in Business & Finance ➔ Taxes ➔ United States
You can call h&r block and they will answer your tax questions for free. Good Luck.
2007-01-27 08:52:25 · answer #1 · answered by Bookworm4124 3 · 0⤊ 4⤋
Unfortunately, no. If you were married as of the end of the year, and lived with your spouse at any time during the last half of the year, then you can only file as married filing jointly with him, or married filing separately. That has to do with your marital status, and isn't changed by having a dependent child, or the fact that this spouse isn't the father of your dependent child.
Since you don't know where he is, doesn't sound like filing jointly is an option. And if you file as married filing separately, you can't get the EIC.
You can claim your daughter as a dependent, but can't legally file as Head of Household.
If you were legally divorced as of Dec 31, 2006, then yes you could file as head of household. Since you don't say anything about being divorced, I assume you aren't.
Sorry to give you an answer you didn't want. And good luck.
2007-01-27 20:28:01 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
Unfortunately you probably cannot file as HoH for 2006. Since you were still married on 12/31/2006 you are considered married for the whole year.
There is a special rule that allows a married person to consider themselves unmarried and file as HoH status but you must not have lived with your spouse at ANY time during the last 6 months of the tax year. Since your estranged spouse left in September you don't meet that test.
You will have to locate your estranged spouse and file a joint return to qualify for the EITC. If you file a separate return you won't be able to claim the EITC, compounding your misery.
I wish I had better news for you but under current law that dirtbag has really left you holding the bag. My heart goes out to you.
2007-01-27 17:21:44 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Unfortunately you would not be able to file Head of Household. You meet all the requirements except for one and that is that your husband did not live with you in the last 6 months. Since he left you Sep 20 you will have to file a joint or separate return.
2007-01-27 17:00:27 · answer #4 · answered by Ski_Bum 3 · 3⤊ 0⤋
not if you are legally still married you can't file as Head of Household, you can either file married, jointly or married filing separately...
2007-01-27 17:28:36 · answer #5 · answered by abc 7 · 1⤊ 0⤋
Yes. You provided over 1/2 of the child's support, you get to claim it. Keep the receipts for the rent/mortgage, and any child related expenses in case of an audit.
-Dio
2007-01-27 16:54:51 · answer #6 · answered by diogenese19348 6 · 0⤊ 5⤋