singleornot
Junior Member
What is the name of your state?MN
My husband and I were married in 2001 but he won't stay here. He has come and gone each year since our marriage. Each time he came back it was at some point during the last six months of the calendar year. If I were to try to file taxes separately, that means that I am unable to qualify for the EIC. I have three minor children from a previous marriage and want to be able to file as head of household. Each time he has come back, I thought we would really work out our marriage, but he only stays for a short period of time. We have lived apart and had separate lives and incomes for 3/4 of the time that we have been married on paper. In 2004 he actually lived in a different state the whole year until October, when he returned to Minnesota and moved back into the house. He only stayed 4 weeks and then moved into an apartment on his own but because it was in the month of October, it disqualifies me from the stipulation of "considering myself single". Right now I don't have a legal separation or a legal divorce. I am afraid of getting in trouble with the IRS, but he has never really contributed to any of the household expenses and I feel stuck to have to split the EIC by filing married/joint. Is there any legal protection that I have to prevent him from claiming part of my EIC for the tax year of 2004? I will not let it happen next year, but I really want to get a fair deal for myself and my kids with an EIC for this year because I have had a really tough year financially and a decent refund would really help out!
My husband and I were married in 2001 but he won't stay here. He has come and gone each year since our marriage. Each time he came back it was at some point during the last six months of the calendar year. If I were to try to file taxes separately, that means that I am unable to qualify for the EIC. I have three minor children from a previous marriage and want to be able to file as head of household. Each time he has come back, I thought we would really work out our marriage, but he only stays for a short period of time. We have lived apart and had separate lives and incomes for 3/4 of the time that we have been married on paper. In 2004 he actually lived in a different state the whole year until October, when he returned to Minnesota and moved back into the house. He only stayed 4 weeks and then moved into an apartment on his own but because it was in the month of October, it disqualifies me from the stipulation of "considering myself single". Right now I don't have a legal separation or a legal divorce. I am afraid of getting in trouble with the IRS, but he has never really contributed to any of the household expenses and I feel stuck to have to split the EIC by filing married/joint. Is there any legal protection that I have to prevent him from claiming part of my EIC for the tax year of 2004? I will not let it happen next year, but I really want to get a fair deal for myself and my kids with an EIC for this year because I have had a really tough year financially and a decent refund would really help out!