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My wife and I have been unofficially seperated for about a year. We have three children together, and I'm responsible for 100% of the childrens' care because she doesn't work. I also pay health care expenses not only for her, but the children too. I believe she has already filed her taxes and claimed the children. What are some things I can do to get the most out of my tax return if she has already claimed the kids?

2007-02-01 02:11:18 · 2 answers · asked by blueprint30281 1 in Business & Finance Taxes United States

2 answers

The outlook is not so good for you on your taxes. You'll need to file "married filing separate", which is the absolute highest tax rate there is. Two separate people can't claim the children on two tax returns, so you're pretty much out of luck there, too. At this point, there's really nothing you can do, but for 2007, I would strongly recommend straightening out your status: either get back together, file for divorce (in which case the lawyers will work out who gets to claim the children on the tax return-probably will be you), or file for legal separation (expensive, but it would solidify your ability to claim the children as dependents through the legal separation documents).

Sorry I don't have better news for you. I hope things work out for you personally so you can move forward with your life.

2007-02-01 02:23:53 · answer #1 · answered by SuzeY 5 · 1 0

You need to do some research to see if you were entitled to claim the kids. If you were, you should claim them, even if she already has. If her return has already been processed and she claimed the kids, you will have to paper file your return--if you try to efile it, it will be rejected if the kids have already been claimed.

You and your wife will then both get notices about claiming a dependent claimed on another return. You will have to straighten things out then.

You also mentioned that you have been separated for about a year. Does your separation include living separately (or, are you still living in the same home)? If you were maintaining a separate household for at least the last half of the year, and if one of your dependent children was a member of your household, you might be able to file as head of household. Otherwise, you will be stuck with married filing separate--which is usually the worst filing status taxwise.

Here are a couple of links about dependents and filing status.

2007-02-01 10:53:44 · answer #2 · answered by Take Responsibility 2 · 0 0

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