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need some help please

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J

Jennx1032

Member
ny

Okay alittle confused, I filed for divorce and have live apart from my husband for over a year.We have a son together, i have sole custody. My questions being 1> What do i file my taxes as single, married ect? 2> Can i file head of house hold?I live with aunt and uncle who are disabled. 3>My son's farther can he try and claim our son? 4>Do i clain child support or no? I wasn't working last year so he claimed everything,My son and I didn't get anything back.Any help would be great . thanks alot:)
 


J

JETX

Senior Member
Jennx1032 said:
What do i file my taxes as single, married ect?
Click to expand...
Since you are still married.... you can file married joint or married separate.

Can i file head of house hold?I live with aunt and uncle who are disabled.
Click to expand...
No.

My son's farther can he try and claim our son?
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Of course he can. If he pays the majority of his expenses, likely his claim would be correct.

Do i clain child support or no? I wasn't working last year so he claimed everything,
Click to expand...
Depends on several things. Read the information at:
http://www.irs.gov/pub/irs-pdf/p501.pdf
 
J

Jennx1032

Member
He can clain my son even though i have sole custody. I tought it was who the child lives with. He has a temp order to 100.00 a week, he is supose to pay 150.00.
 
J

JETX

Senior Member
Jennx1032 said:
He can clain my son even though i have sole custody. I tought it was who the child lives with. He has a temp order to 100.00 a week, he is supose to pay 150.00.
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I provided a link with specifics by the IRS for a reason.... that being who can claim depends on lots of things you have not provided. Read the information and comply with the IRS rules.
 
J

Jennx1032

Member
JETX said:
I provided a link with specifics by the IRS for a reason.... that being who can claim depends on lots of things you have not provided. Read the information and comply with the IRS rules.
Click to expand...

Thanks for you help, the link will not open, must be blocked from my comp, but thanks for the help anyways:)
 
LdiJ

LdiJ

Senior Member
Actually, the previous answer that you received was not correct.

Because the child lives with you, you are the only person entitled to the exemption for the child, unless there is a court order that says otherwise.

In order to file head of household, you must truly be the head of the household where you are currently living. Since your separation is obviously legally set (since there are custody orders in place) you may file as single if you cannot file head of household.

Child support is NEVER taxable. Therefore its not included on your return.
 
Last edited:
J

Jennx1032

Member
LdiJ said:
Actually, the previous answer that you received was not correct.

Because the child lives with you, you are the only person entitled to the exemption for the child, unless there is a court order that says otherwise.

In order to file head of household, you must truly be the head of the household where you are currently living. Since your separation is obviously legally set (since there are custody orders in place) you may file as single if you cannot file head of household.

Child support is NEVER taxable. Therefore its not included on your return.
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Thanks i wasn't sure if i could file single due to my divorce wasn't final yet, is it true ny state law is if you are seperated out of the home for a year that you are legaly seperated?
 
LdiJ

LdiJ

Senior Member
Jennx1032 said:
Thanks i wasn't sure if i could file single due to my divorce wasn't final yet, is it true ny state law is if you are seperated out of the home for a year that you are legaly seperated?
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If you were permitted to file for divorce based on a year's separation (required in NY) then you were legally separated and can file as single.
 
J

JETX

Senior Member
LdiJ said:
If you were permitted to file for divorce based on a year's separation (required in NY) then you were legally separated and can file as single.
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Sorry, but according to NY CPA's, you are NOT correct.

"Your filing status is determined as of the last day of the tax year (December 31). To use the single status, you must be unmarried or separated from your spouse by either divorce or a written separate maintenance decree on the last day of the year. Unfortunately, you jump into a higher tax bracket more quickly with the single status than with some of the other filing statuses."
http://www.360financialliteracy.org/Life+Stages/Career/Articles/Taxes/Choosing+an+income+tax+filing+status.htm

And from the IRS:
"Married persons. You are married for the whole year if you are separated but you have not obtained a final decree of divorce or separate maintenance by the last day of your tax year. An interlocutory decree is not a final decree."
http://www.irs.gov/pub/irs-pdf/p504.pdf
 
LdiJ

LdiJ

Senior Member
JETX said:
Sorry, but according to NY CPA's, you are NOT correct.

"Your filing status is determined as of the last day of the tax year (December 31). To use the single status, you must be unmarried or separated from your spouse by either divorce or a written separate maintenance decree on the last day of the year. Unfortunately, you jump into a higher tax bracket more quickly with the single status than with some of the other filing statuses."
http://www.360financialliteracy.org/Life+Stages/Career/Articles/Taxes/Choosing+an+income+tax+filing+status.htm

And from the IRS:
"Married persons. You are married for the whole year if you are separated but you have not obtained a final decree of divorce or separate maintenance by the last day of your tax year. An interlocutory decree is not a final decree."
http://www.irs.gov/pub/irs-pdf/p504.pdf
Click to expand...
In NY, you have to be separated (legally) for a full year before you can file for divorce. Therefore, if there is a divorce in the works, they had to have had a legal separation. A legal separation allows for filing as single.
 
J

Jennx1032

Member
We have filed for divorce on dec 18th of 2004, their are no seperation papers. Reason we claimed on divorce being constuctive abandiment, hoping it would be faster, we were wrong. So what does this mean for tax fileing?Thanks for all the help
 
S

Snipes5

Senior Member
If you don't have an Adobe Acrobat reader, get one, they are free.

If your popup blocker is on, turn it off.

Snipes
 
J

Jennx1032

Member
Snipes5 said:
If you don't have an Adobe Acrobat reader, get one, they are free.

If your popup blocker is on, turn it off.

Snipes
Click to expand...
I don't know i can do that, i am at work, but i will see if it works at home, thanks Snipes:)
 
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