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Old 01-23-2012, 07:19 PM
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Not legally separated, wife has child with fiance

My wife and Ihave been living apart for 3 years. We have 3 children living with her. I dont have a court order to pay child support but I give her money monthly, just a little over 70% of what the state would require me to pay. She has no taxable income, just 50% va disability and the money I give her. She is engaged and has a child with her fiance.

She won't let me know of her intentions as to how she will file this year. We've filed married filing jointly the previous years and split the return evenly. I'm just trying to figure out what her options are. From what I understand, she can file with her fiance but he cant claim my kids.

Due to the amount of eic I get at 32k a year, I'm guessing he makes about 70k it makes more sense for her to file with me and let him claim his children and their newborn. But Im more curious as to what her actual options are.

Thanks in advance and please ignore grammar as this is a phone posting.

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