Can I file as HOH on my income tax

[Angie_adie]

What is the name of your state (only U.S. law)? Iowa

My husband and I seperated in August of 2007. We have one child together which I have custody of. He has not paid child support, called, or visited her since the seperation. He lives in Illinois and I live in Iowa.
For tax year 2007 we filed married.

This year can I file as HOH even though our seperation is not legal? We have not lived together for a year and a half.

 

[LdiJ]

What is the name of your state (only U.S. law)? Iowa

My husband and I seperated in August of 2007. We have one child together which I have custody of. He has not paid child support, called, or visited her since the seperation. He lives in Illinois and I live in Iowa.
For tax year 2007 we filed married.

This year can I file as HOH even though our seperation is not legal? We have not lived together for a year and a half.

Yes, you can file as HOH.

However, don't be surprized if you end up having to file a paper return because he went ahead and claimed your child anyway. You will still get your refund, it will just take a little longer, and eventually he will have to pay back the excess refund he received.