INCOME TAX

[mscatzie]

Hi,

I am from New Jersey. My husband left me and my 2 children 1 year ago. We are not legally separated. He has been giving me child support, but no money towards any of the house expenses, but he wrote the check to say SUPPORT.

My question is ---By Law, do I have to file married jointly with him. Or can I file married, head of household separately.

If I file jointly, he gets deductions for the children and all the house deductions which he has not contributed any money towards.

But, does the government and the law allow him these deductions.

Thank you

 

[Grandma B]

IRS allows the exemption to the parent who pays 51% or more of the children's support. If you and the children lived separate from your husband for the year, you can file head of household. Of course, if he's paying you a HUGE amount of support so that you can't prove you pay the 51%, then he would be the one who could claim them.

OK, time for my broken record to play:

If/when you file legal separation or dissolution papers, have it specified who will be allowed the exemptions. If it's every other year, odd or even. BE SURE a statement is included that the child support paying NCP can claim the exemptions ONLY if all obligations (child support, child care and medical expenses, etc.) are current at the end of the tax year. This can save a major headache down the line.

[Edited by Grandma B on 02-16-2001 at 11:47 PM]