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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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