Separated and taxes

[FreeBird16]

What is the name of your state? California
Not sure if any of ya'll can help me with this, but what happens if a couple is separated and on really bad terms and one files taxes without the other and claims the child?? What can the other spouse do? Should they file and claim as well, considering they were the main sourse of income??

 

[LdiJ]

What is the name of your state? California
Not sure if any of ya'll can help me with this, but what happens if a couple is separated and on really bad terms and one files taxes without the other and claims the child?? What can the other spouse do? Should they file and claim as well, considering they were the main sourse of income??

Well, that is an option, but the two of you would then have to fight it out with the IRS. The IRS would generally rule that the exemption goes to the parent with whom the child primarily lived during the tax year. Therefore if the parent who claimed the child is the one with whom the child primarily lived during 2004....it probably would be a wasted effort on the part of the other parent.

 

[FreeBird16]

The separation didn't happen until the end of the year, so both parents were in the house.

 

[LdiJ]

The separation didn't happen until the end of the year, so both parents were in the house.

Well...in that case its kind of hard to predict how the IRS would rule on the issue. It might be better to deal with the tax exemption in court when child support it set and the tax exemption is awarded. Its possible that the judge would award it next year to the parent who didn't get it this year.

 

[Yurgee]

Here in NY I was told that the person that earned the higher percentage of the total income was considered head of household and was entitled to the exemption. I my case it was past 6 months that we lived together and I made the higher percentage of our total income and was entitled to the exemptions.

I'm not sure what the IRS would do in an audit but I took both.

 

[LdiJ]

Here in NY I was told that the person that earned the higher percentage of the total income was considered head of household and was entitled to the exemption. I my case it was past 6 months that we lived together and I made the higher percentage of our total income and was entitled to the exemptions.

I'm not sure what the IRS would do in an audit but I took both.

That isn't a bad answer...but its an incomplete one...particularly if you didn't live together the last 6 months of the year. If you did that recently don't assume that it won't come back to haunt you.