seperated, not yet divorced

[hmiller1979]

What is the name of your state?Ohio
My hubby and I have been seperated since May 2004. He wants to claim me and our 2 children on his taxes....claiming seperated, head of household. I did not work in 2004, therefore can't claim myself or kids. Can he claim them and myself w/o my permission or my being there with him to do it?

 

[LdiJ]

What is the name of your state?Ohio
My hubby and I have been seperated since May 2004. He wants to claim me and our 2 children on his taxes....claiming seperated, head of household. I did not work in 2004, therefore can't claim myself or kids. Can he claim them and myself w/o my permission or my being there with him to do it?

Who has been supporting you and the two children since you don't work?

What he is proposing is not legal. He cannot claim head of household unless he has a qualifying person whom has lived with him for at least 7 months of 2004. If the children have been living with you, then he cannot claim head of household.

He also cannot claim you as a dependent. You are still married to him and the two of you could file a joint return (if you were willing to do that), but he can't claim you as a dependent. However that doesn't mean that he won't try to to that.

He could file married filing separate, and claim the children as dependents (since you didn't work), as long as someone else didn't provide more than 50% of the children's support.