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Old 04-08-2015, 03:31 PM
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Separated, but not divorced

My husband and I have 2 children. My husband moved out of our family home in late 2013. We have remained separated, and are in the process of trying to agree on a divorce settlement. There is no legal separation in place. I am the custodial parent. My husband sees the children every other weekend and 1-2 nights for a couple of hours during the week. Even though there is no formal order in place, he has continued to pay for the majority of expenses of my household.
He made approximately $84,000 in 2014, and I made $10,000. He continued to claim 5 dependents for 2014, even though the children did not live in his home. I have been willing to let him claim one of the two children for 2014 only. He is going to have a tax liability...is there any way I can be held responsible for part of it?
I do not qualify for head of household, since I did not pay over 1/2 of the expenses of running my household. He as been advised that he can claim head of household, even though neither of the children lived with him during 2014. Is this true?

I need to know how to file my taxes. Can I file as single, even though there was no legal separation in place? I was hoping to get the Earned Income Credit, but do not qualify if I file separate and married.

Any advice would be appreciated.



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Old 04-09-2015, 12:35 AM
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He made approximately $84,000 in 2014, and I made $10,000. He continued to claim 5 dependents for 2014, even though the children did not live in his home. I have been willing to let him claim one of the two children for 2014 only. He is going to have a tax liability...is there any way I can be held responsible for part of it?======>>> However, you can claim child tax credit on the children To qualify, a child must have been under age 17 – age 16 or younger – at the end of 2014. If you do not need to file a tax return, or if he provides more than half of your support, then, he can claim you as a dependent on his tax returnsnd you can NOT claim any of the children on your return; you file return as MFS and no tax liability, then he can claim you as a dependent too. In this case, as his dependent, you can NOT claim any of the children as your dependent on your return.
I do not qualify for head of household, since I did not pay over 1/2 of the expenses of running my household.=============correct;

He as been advised that he can claim head of household, even though neither of the children lived with him during 2014. Is this true?========>>.No; not true;to file as HOH, he needs to have one or more qualifying persons(I mean his child/children) who reside with him for more than half the year.

I need to know how to file my taxes. Can I file as single, ====>>No unless you are lawfully divorced, you need to file as MFS as you do not qualify for HOH. Married taxpayers can choose between filing a joint tax return or a separate tax return.

even though there was no legal separation in place? I was hoping to get the Earned Income Credit, but do not qualify if I file separate and married======>Correct; unfortunately you can not claim EITC as you need to fiel your return as MFS. As MFS filer, you can not even claim child and dependent care credit either.



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Old 04-09-2015, 11:20 AM
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"If you do not need to file a tax return, or if he provides more than half of your support, then, he can claim you as a dependent on his tax returnsnd you can NOT claim any of the children on your return; you file return as MFS and no tax liability, then he can claim you as a dependent too. In this case, as his dependent, you can NOT claim any of the children as your dependent on your return. "

I need this clarified... Can he claim me as a dependent if we did not live together any of 2014? The kids and I lived in one home, him in the other. We were paying bills for both households from a joint marital household account(which the majority was from his income) up until October when we separated our finances. At that time he gave me money for "child support/alimony" even though no court order is in place for it.



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Old 04-09-2015, 12:55 PM
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Quote:
Originally Posted by Cat23 View Post
"If you do not need to file a tax return, or if he provides more than half of your support, then, he can claim you as a dependent on his tax returnsnd you can NOT claim any of the children on your return; you file return as MFS and no tax liability, then he can claim you as a dependent too. In this case, as his dependent, you can NOT claim any of the children as your dependent on your return. "

I need this clarified... Can he claim me as a dependent if we did not live together any of 2014?
in general, You are NEVER considered his dependent as his spouse.however,
as mentioned above, he can claim you ASLONGAS both of you file returns as MFS and even If you file a tax return as MFS as you have no tax liability ( i mean aslongas you have no income and fle your return just for tax refund), and if your spouse provide more than half of your support, then, he can claim you as a dependent on his tax returns and you CAN NOT claim your personal exemption of $3950 for 2014..

So he files a separate return, he can claim the exemption for you only if you had no gross income, is not filing a return, and was not the dependent of another taxpayer."



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