My husband was released from prison in May 07 and he owes child support. We aren't even together any longer but haven't filed for separation or divorce yet. He had a job for about 2 mos. this summer not making much money. Can I file head of household (its my apartment), married filing separately? And do I need to file with him if he didn't make enough money to file?
2007-11-20 17:20:42 · 5 answers · asked by missy_thingy 2 in Business & Finance ➔ Taxes ➔ United States
If you are unmarried or "considered unmarried" only then you can be Head of Household otherwise your filing status can only be Married Filing Jointly or Married Filing Separately.
Requirement for Head of Household
*You are unmarried or "considered unmarried" on the last day of the year.
*You paid more than half the cost of keeping up a home for the year.
*A "qualifying person" (your child) lived with you in the home for more than half the year (except for temporary absences, such as school).
If you qualify to file as head of household, your tax rate usually will be lower than the rates for single or married filing separately. You will also receive a higher standard deduction than if you file as single or married filing separately.
For Considered Unmarried
Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.
If you can't file as Head of Household, it is always better to file as Married Filing Jointly. Then your (husband and wife) total deductions are $17,500 (that is $8,750 each). This filing status is very useful of one spouse had no or little income. Also many credits are not available if you file Married Filing Separately. But when you file joint return, your responsibilities are joint.
2007-11-20 18:31:47 · answer #1 · answered by MukatA 6 · 0⤊ 0⤋
Unless you get divorced by 12/31/07 you have 2 choices, married filing jointly or married filing separately.
You probably don't qualify as Head of Household unless your husband didn't live with you at all in the last 6 month of the year and you had a qualifying person living with you that you provided a home for.
You could do your return both ways to find out how you would do better. Keep in mind your husband will probably want half the refund if you file jointly, so separate might be better
2007-11-20 17:57:43 · answer #2 · answered by Charlie & Angie G 4 · 1⤊ 0⤋
If you didn't live with him even one day after June 30, and you have a dependent child living with you, you can probably file as head of household, otherwise no, your choices would be married filing jointly or married filing separately. Under the circumstances, I'd probably choose married filing separately rather than filing jointly, even though you'll probably pay more tax than you would on a joint return.
How much money HE made has nothing to do with YOUR requirement to file.
2007-11-21 03:38:23 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
If a individual earned $8600 in wages (W2) and had taxes withheld then you definately could record a tax return to get the withholding refunded. If a individual earned $8600 in self employed (style 1099) then sure you're susceptible to record a tax return style 1040, Sch C and Sch SE. sturdy success
2016-10-17 14:20:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
*Where* did your husband live from July 1st through December 31st?
If he lived with you, you would be ineligible for HOH.
(Even when he was in prison, if he lived with you before he was incarcerated and it wasn't a life sentence, it was considered a temporary absence.) In which case it's your call whether you file MFS or MFJ.
If you do file separate, his filing requirement starts at $3400 of wage income.
2007-11-20 17:43:01 · answer #5 · answered by Anonymous · 0⤊ 1⤋