Is my ex going to be able to screw me with the tax return?

Question

My ex and I were married for most of 2006 and we separated (she moved to another state) late in 2006 with her 2 kids. She hadn't worked for about half the year, I've ALWAYS paid all house payments, utilities, etc. We agreed that we would file jointly and now she decided to file married/separate which buries me since I made about 75% of our income. I don't think I can file head of household since she lived with me the latter part of the year, and I'm assuming I have no right to claim her children since I didn't adopt them or anything, just provided their support. This is going to cost me thousands, is there anything I can do?

Answer 1

She has the option of filing a married filing separate return. But what I think she is trying to do is file as head of household. If you lived with her at any time during the last half of the year, neither of you can file as head of household. Moreover, if she did not provide over half of the costs of maintaining the home, she cannot file as head of household. You may want to communicate this to her and she may change her mind about filing separately.

I agree with the previous answer that you need legal advice. If you were divorced and sending her periodic payments or paying the mortgage, you could deduct those as alimony.

As far as your stepchildren, during the time you are married to her, they are your children as far as the IRS is considered. Your relationship to them for tax purposes does not change after your separation or divorce.

Go this week for an expert consultation.

Answer 2

You need to discuss this with your attorney and an expert tax advisor. You have not mentioned what state you live in. If you're in a community property state, you and your estranged spouse may have to split the community income evenly. This would probably hit her harder than it would you.

There are far too many variables here to give you a definitive answer. Professional counsel is essential in your situation.