newly married, filing separately. filing status?

[swimmer98]

What is the name of your state (only U.S. law)? IL & WI

I just got married on 12/21/08. Husband & I are going to file separately for 2008 though. Can I still file as head of household for the year? He will be claiming his two kids, as he supported them & I will be claiming my son, as he was supported by me. He lived in WI last year & I in IL. It just seems to me that filing separately would make sense since our financial lives didn't combine until the last week of the year.

Any advice is apprciated... Thanks so much!!

 

[irsos]

What is the name of your state (only U.S. law)? IL & WI

I just got married on 12/21/08. Husband & I are going to file separately for 2008 though. Can I still file as head of household for the year? He will be claiming his two kids, as he supported them & I will be claiming my son, as he was supported by me. He lived in WI last year & I in IL. It just seems to me that filing separately would make sense since our financial lives didn't combine until the last week of the year.

Any advice is apprciated... Thanks so much!!

When did you begin living together?

 

[LdiJ]

What is the name of your state (only U.S. law)? IL & WI

I just got married on 12/21/08. Husband & I are going to file separately for 2008 though. Can I still file as head of household for the year? He will be claiming his two kids, as he supported them & I will be claiming my son, as he was supported by me. He lived in WI last year & I in IL. It just seems to me that filing separately would make sense since our financial lives didn't combine until the last week of the year.

Any advice is apprciated... Thanks so much!!

Your choices are married filing separately or married filing jointly. Neither of you may file head of household.

9 times out of 10, married filing separately produces a better result. Neither one of you will be eligible for EIC and some of the other tax credits if you file separately.

 

[swimmer98]

He and the kids moved in with us when school started, but as we were not married everything was separate. I did a bit more looking on the EIC and it looks like we have to file jointly to qualify. So does that mean that we claim all three kids together? Also another big question is filing state taxes, since he was in WI for more than half of the year.

I think what I am getting most frustrated about is that I have been doing my own taxes for several years now & it just seems that this year I will have to pay someone else to do them so I don't screw it up...

 

[LdiJ]

He and the kids moved in with us when school started, but as we were not married everything was separate. I did a bit more looking on the EIC and it looks like we have to file jointly to qualify. So does that mean that we claim all three kids together? Also another big question is filing state taxes, since he was in WI for more than half of the year.

I think what I am getting most frustrated about is that I have been doing my own taxes for several years now & it just seems that this year I will have to pay someone else to do them so I don't screw it up...

Well, due to the state issues I would recommend that you use a professional this year, part year state returns are difficult to do correctly, but you won't have that problem in the future. Many people who do their own taxes have a year here and there where its best that they use a professional. Also, some people who have done their own taxes for many years, eventually get to a point where their finances are complicated enough that they really should do them themselves anymore too.

Yes, you would file jointly and claim all three children on your joint return.