Seperated

[Cass3308]

What is the name of your state? NY

Do I have to file this spousal/child support as income with the IRS? If so, what forms are available?
Do I claim the kids on "Unearned Income Tax Credit".
Does MY spouse file for the kids since he's working? if so, Do he have to give ME a portion since the kids liver with ME?. Or AM I suppose to file for the kids?
He(SPOUSE) is being audited, last year WE filed jointly this year WE ARE not, how can I insure his audit doesn't affect me in reference to the (Innocent Spouse) clause.

 

[abezon]

What spouse/child support? Child support is not taxable to the recipient or deductable to the payer. Alimony is taxable to the recipient. Alimony must be ordered by a court pursuant to a separation/divorce decree. The amount of alimony paid is calculated as all payments received - all CS payments ordered. In other words, his money goes to pay the year's CS before it pays alimony.

There is no unearned income credit. You can claim them for the earned income credit if they lived with you more than 6 months in 2002. If they lived with both of you more than 6 months, either of you can claim the kids for EIC. If you both can claim EIC, it goes to whichever parent the kids lived with the most.

Your temporary support order should have address the kids' exemptions. If it didn't, they get claimed by the parent who has custody.

The only way the innocent spouse laws will help you is if you can show you had no reason to believe the return was fraudulent, or that he forced you to sign it through duress.

I suggest you both go to a tax preparer together so that you can maximize your total refund.