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On separated parents

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LdiJ

Senior Member
What is the name of your state? Indiana for this instance.

I have figured out why abezon and I have been disagreeing on the subject of people being able to file as unmarried for tax purposes even when there is no legal separation.

Indiana, which is my state, does not have provisions for legal separation. However, if matters are before the court, such as child custody and child support, that can define the parties as being "legally" separated. It defines their financial lives are being legally separate....particularly when one is required to pay the other for supporting the children.

From my understanding in discussing it with members of my firm who are more senior than I am, it has held in audits.

However in a state that has regular provisions for legal separation, that argument most likely wouldn't fly. Therefore, I believe that is why we differed.
 


seniorjudge

Senior Member
LdiJ said:
What is the name of your state? Indiana for this instance.

I have figured out why abezon and I have been disagreeing on the subject of people being able to file as unmarried for tax purposes even when there is no legal separation.

Indiana, which is my state, does not have provisions for legal separation. However, if matters are before the court, such as child custody and child support, that can define the parties as being "legally" separated. It defines their financial lives are being legally separate....particularly when one is required to pay the other for supporting the children.

From my understanding in discussing it with members of my firm who are more senior than I am, it has held in audits.

However in a state that has regular provisions for legal separation, that argument most likely wouldn't fly. Therefore, I believe that is why we differed.

I assume you are talking about federal returns?
 

seniorjudge

Senior Member
LdiJ said:
Yes, federal returns.

However, if matters are before the court, such as child custody and child support, that can define the parties as being "legally" separated.



Do temporary orders have to be issued or are the parties considered "separated" when the petition/complaint is filed in the lawsuit?
 

LdiJ

Senior Member
seniorjudge said:

However, if matters are before the court, such as child custody and child support, that can define the parties as being "legally" separated.



Do temporary orders have to be issued or are the parties considered "separated" when the petition/complaint is filed in the lawsuit?
I didn't question it that closely....however my assumption was that there needed to be the evidence of temporary orders. That is what our more senior members described as using in audits.
 

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