How to File for 2008

[Dumbhubby]

What is the name of your state (only U.S. law)? PA
From Jan 1st, 2008 until Dec 12, 2008 My ex wife and I were "seperated"- date of seperation Nov 5, 2007 and decree finalized on Dec 12, 2008.
From about Feb- Dec 15 of 2008 she was living in my home. She paid almost nothing towards bills. Questions are:
1) How would I file this year for '08- Divorced? Married/seperatley?
2) If we can file seperatley, and I took care of all living expenses, can I claim her a dep?

Thanx

 

[irsos]

What is the name of your state (only U.S. law)? PA
From Jan 1st, 2008 until Dec 12, 2008 My ex wife and I were "seperated"- date of seperation Nov 5, 2007 and decree finalized on Dec 12, 2008.
From about Feb- Dec 15 of 2008 she was living in my home. She paid almost nothing towards bills. Questions are:
1) How would I file this year for '08- Divorced? Married/seperatley?
2) If we can file seperatley, and I took care of all living expenses, can I claim her a dep?

Thanx

You file as single and you cannot claim her as a dependent.

 

[Dumbhubby]

Thanx for the info.
Also I am the custodial parent of our child.
Who claims him? Or can that be agreed on, say alternate every year?
Thanx again

 

[LdiJ]

Thanx for the info.
Also I am the custodial parent of our child.
Who claims him? Or can that be agreed on, say alternate every year?
Thanx again

It may be that either one or both of you would be considered the custodial parent under the federal tax code for 2008. It depends on the number of overnights the child spent with each parent. If by any chance it was equal, then it would be the parent with the higher AGI, otherwise, it would be the parent with him the child spent the most nights. For future years, it will be the parent with whom the child spends the most nights.

Generally, family courts encourage parents to alternate the exemption.