My husband and I have been seperated for 1year. I have our two children. A tax advisor said I can file HoH and get EIC. This really scares me. What if I file this way and the IRS wants proof. I don't have proof that we are seperated. We have nothing thru the courts. All the bills and the mortgage are still in both our names. We do not have a savings/checking together any more. He pays the morgage in the place of child support. We were seperated last tax season but because it had not been six months we had to file together. AND it looks as if we might get back together now. If I file HoH this year and MFJ next year, will that raise red flags? I could really use all the refund that the tax advisor is saying I can get. I realize it would be easier just to file MFJ this year, but like I said if I can get that extra money, it would really help. Any advise.
2007-03-24 14:20:04 · 5 answers · asked by Leigh K 1 in Business & Finance ➔ Taxes ➔ United States
I guess I did not word that correctly. The child support that he pays me totals the amount of mortage I have to pay. That was the agreement between us. It is not like he gets the bill in the mail. I get it and pay it with my own personal check.
2007-03-24 15:01:41 · update #1
Judy, I was hoping you would answer my question. I have been reading all of the questions under "Taxes" and by reading your answers I have come to trust yours the most. I can only assume you are some sort of tax advisor. Thanks.
2007-03-24 15:30:23 · update #2
The Head of Household status requires that your spouse has not spent any time at your home during the last six months of 2006, and that you have, with you own money, paid over half the cost of maintaining the home.
Since your spouse has paid the mortgage, I have some doubt that you will be able to establish that your expenses for utilities, repairs and maintenance, and food eaten at home total more than the mortgage payments.
In hindsight, had you received child support payments instead of having him pay the mortgage, you may have qualified for Head of Household status.
Added later: My answer took note of the statement "He pays the mortgage in place of child support." My answer doesn't change even if he gave you the mortgage money and you paid it with your check. He paid you for the mortgage, so he paid household support, possibly more than half. If you can establish you paid for more of the household expenses than your spouse did, then you can claim HoH.
2007-03-24 14:50:23 · answer #1 · answered by ninasgramma 7 · 0⤊ 1⤋
If you didn't live together at any time (even one night) during the last 6 months of 2006, and your children live with you and you pay more than half of the cost of keeping up the home, it is legal for you to file as head of household - quit worrying. The tax advisor isn't suggesting that you do something shady. Your other option is to file a joint return with him if both of you want to do that - since you're still married, you are allowed to.
I'm not so sure that ninasgram is right regarding his giving you the money for the mortgage payment. The money in lieu of child support isn't income to you. She's right, it would be clearer if it were specifically for child support, but even this way it's gray and you'd have a real good chance of winning if you got into an audit situation. If he paid the mortgage directly, then you'd have a hard time proving that you paid half of the expenses though.
If you get back together next year and file a joint return, there won't be any red flags raised over it. Happens all the time.
Good luck.
2007-03-24 22:24:08 · answer #2 · answered by Judy 7 · 3⤊ 2⤋
Go ahead and file head of household. If the IRS comes back on you just make sure he has proof of where he is living and you have proof that the children spent the majority of the year with you. I know people who are still together but file seperated because they get more money back.
2007-03-24 21:24:45 · answer #3 · answered by Anonymous · 0⤊ 1⤋
You can file HOH don't be scared they don't control your life they can't prove that he was in the house you dont need proof from the court. get you EIC you earned it. HA ha Ha!!!! You may never see that man again honey married men run off all the time. I am sure he is paying bills in his name somewhere else and if not he is living with someone else they wont audit you for that.
2007-03-24 21:27:10 · answer #4 · answered by bigdraws 2 · 0⤊ 1⤋
Well, you can also get some of your tax money back, or get your filing expenses paid for! Go to the below site, and follow the instructions to fill out your information and sign up for two offers on each of the offer pages (Silver, Gold, and Platinum)
2007-03-25 15:21:32 · answer #5 · answered by Raymond Y 1 · 0⤊ 1⤋