Separation and taxes

My wife and I separated last spring (April), and she asked me to move out. We had agreed to file our return jointly this year, but she went ahead and filed without me. We have three minor children, and although there were no papers filed, I gave her money monthly at a rate that was more than what I would have been required to if we were actually divorced. She claimed all three kids and she itemized all of the credits for the full year, even though I lived there for part of it. Can she legally do this? We had verbally agreed that I would claim our oldest son, and she would claim the other two. Do I have any right to claim anything concerning the kids or the house? Please let me know if anyone can. Thanks

In a case where no papers have been filed, the parent who provided more than half the support of each child can take the exemption. To determine how the IRS figures support, see IRS Publication 17, which you can download for free at IRS Forms and Pubs: http://www.irs.ustreas.gov/forms_pubs/index.html

Reply to response

Thanks. I am in Ohio. Last year she made $27,000. I only lived in the house until April 1. During that time, my earnings were $10,000. After I moved out, I paid her $900 per month starting in April and running through November. In June, I paid off a second mortgage that we had taken out earlier in our marriage. This pay off was a little over $19,000. Does any of this qualify for support, and do I have a case for taking the exemptions for the kids? Thanks.

To answer that question and any others that you have about the matter, please take the link I gave you to Publication 17.