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Seperation and earned income credit and child

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mommyofalexa

Guest
Please help. My husband and I have been seperated for over a year and the divorce keeps getting stalled. I am getting ready to file my taxes and I don't know if I can file head of household and get earned income credit because we are still married. I will claim my daughter and he knows that, but I don't trust him enough to file jointly. Any advice that might help me would be wonderful. Thanks!!!!! BTW I am in Texas since that might make a difference.
 


L

loku

Guest
Head of household

If you paid more than half the cost of keeping up your home for the year, you qualify for head of household status. The rule is that you qualify for head of household if you are CONSIDERED unmarried on the last day of the year.
You are considered unmarried on the last day of the year if you are legally separated from your spouse, according to your state law, under a divorce or separate maintenance decree. You are also considered unmarried on the last day of the tax year if you meet all of the following tests.
1)You do not file a joint return.

2)You paid more than half the cost of keeping up your home for the tax year.

3)Your spouse did not live in your home during the last 6 months of the tax year.

4)Your home was the main home of your child for more than half the year.

5)You can claim an exemption for the child. However, you can still meet this test if you cannot claim the exemption only because the noncustodial parent is allowed to claim the exemption for the child.

Because you would qualify to file as head of household, you also qualify for the earned income credit is your earned income is within the range for that credit.
 

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