Which tax filing status is best for my divorced parents?

Question

My parents got divorced several years ago, primarily for the purpose of avoiding a lawsuit. My father suspected he would be sued, and his income is only $7K of social security per year with nothing else, whereas my mother makes over $100K per year at her job. If he was sued, he did not want my mother's income/assets to be considered by the courts, therefore they got divorced. They are not planning to remarry.

Although they are no longer legally married, they have never stopped living together. They don't by any means have a marriage, but are friends and she supports him.

My question is... we have not done any taxes for them since the divorce. I have read the pdf files on irs.gov to see how they qualify, but am confused...

What is your opinion... do they have to file each as single, or could my mother file head of household and claim him as a dependant? She provides all of his support - his SS money goes to pay off debt of his.

Thanks!!

Answer 1

They each have to file as single, your mom cannot claim your dad as a dependent.

PS, I am a CPA/Tax Preparer.

Answer 2

They are considered single for tax purposes. While your mom might be able to claim your dad as a dependent, that doesn't qualify her for head of household. Only a near relative does that, and your dad isn't a relative of your mom's. If you are a dependent of your mother, that might qualify her for head of household though.

With only $7K in social security as income, your dad isn't required to file a return. But your mother obviously is - she would be wise to see a CPA and get this all straightened out before the IRS lands on her doorstep. If she has had enough taxes withheld or paid estimated so that she doesn't owe anything for any of those years, then she won't be in trouble, but if she owed for any of those years and didn't file, there are penalties and interest accumulating every month, plus she could be in serious trouble for not filing.

Answer 3

Your mom could claim him as a dependent as long as he made less than $3,300 in income. Since you say he made $7,000 last year, he can't be her dependent. She would NOT qualify as head of household. To be head of household, you need to have a qualifying child or a qualifying relative that you support. Your dad is not your mom's child, nor is he related to your mom.

Your mom would file single. Your dad would have to file single also. If he only makes seven thousand a year and is 65 or older, then he shouldn't need to file at all.

If your mom is making a hundred grand a year, I hope SOMEBODY is filing income tax for her each year.

Answer 4

1- If you are truly you and not your parents, the best way you can help your parents is to point them to the nearest HR Block, Jackson Hewitt, or local tax preparer, to help them interpret the very complicated tax code in a way that brings them up to date with their taxes. If you are asking for your parents because by chance, they are not English speaking, then you should find a tax preparer who speaks their language (most services have multilingual tax professionals). That's the best thing you can do to avoid getting into trouble.

I would also advise you not to be timid or afraid to ask a competent authority for help with this tax situation. I have called the IRS on many occassions with issues relating to a tax situation. The IRS was known to have weird snarky people working for them in the past, but they have since implemented customer service standards that make difficult phone calls alot less traumatic.

Having tax and financial problems does not make anyone a bad person. Plus, the IRS has payment plans, and companies like HR block also offer loans to help with tax bills, so if your parents end up owing (for whatever reason) it's not going to be the end of the world.

Answer 5

If your mom is making 100K I really hope someone has done her taxes for her, or she has done them herself, in the years since their divorce.

Your father does not have enough taxable income to file. If he meets the requirements for being a dependant (over a certain age) then that would probably save your mom the most to claim him. She should def be single head of household.

Answer 6

Your mother and father are not married. They are not related to each other. Therefore your mother cannot file as head of household even though she pays the bills.

If your father only has his SS income, lives with your mother, and she pays for his support, then she can claim him as a dependent. Her filing status is single.

Your father will not file a tax return as he has no taxable income.

Answer 7

They are both considered single. Your mom would not qualify as head of household.

Answer 8

This question is best answered by a reliable certified public accountant. I do not recommend a tax business as sometimes they do not do all they can. A CPA is educated in many fields of taxes and constantly learning. It is worth the money to consult one.