Seperated Needing To File Taxes

[DLCARR72]

What is the name of your state?What is the name of your state?MO
My husband has moved in and out so many times I have lost count. He left again and I told him this would be the last and want a divorce. Now, he is threatening to take at least half of my income tax. I make the money and pay the bills and it is my children I claim for earn income credit.....Question is does he get his way and take my money I worked hard for and my kids?

[abezon]

You can file married joint or married separate. If you file married separate, you cannot claim EIC anyway. If you two lived together at all after June 30, you cannot qualify to file as head of household, which would allow you to claim EIC.

If you choose to file jointly, be sure the return is sent in under your address. The check will be mailed & you can arrange to go to the bank with him & split the cash right there. I suggest you agree in writing how much each gets before filing jointly.

Alternatively, you can file for divorce & ask the court to split up the refund. That means you don't get acces to the $$ either until the court rules.

[DLCARR72]

Mo..when Filing Taxes If I Have To Do It With Him Can I File The Injured Spouse Form Which Would Show His Part And Then My Part Of The Return? THE CHILDREN ARE MY CHILDREN FROM A PREVIOUS MARRIAGE...DOES THAT MAKE A DIFFERANCE AT ALL?

[Snipes5]

No, it makes no difference that the kids are from a previous marriage.

Unless he has prior debt that will cause the IRS to seize your refund, you are not an injured spouse.

Snipes

[esirena]

if you have not been at least 6 months separated, meaning not living at the same address, then you cannot file married filing separately, because the i.r.s will consider you to still be married, and even if you were separated for 6 months you are not legally divorced so you will still be married to the i.r.s., if he worked and you claim head of household to claim the earned income credit for your kids then the i.r.s. will determined who is entitled to claim as head of household, whoever made more money and payed for more than 50% of the cost of keeping up a home will win, so if you both payed rent,you both payed bills and ect than who ever spent more will win. if you both payed the same then the earned income credit would be for the parent the children lived longer with, if you both lived the same amount of time with your kids again who ever had the highest income will take the eic. you should keep the dates your spouse has been absent from the home to see if this may help you when filing your tax return. but if you were not legally separated or divorced by the end of the year 2005 you are considered married to uncle sam unless you can prove you and your spouse lived at different addresses for 6 months or more during that year.

[Snipes5]

Siren,

I see a few things wrong with your post. First of all you have no concept of sentence structure and paragraphing. That is problem number one.

Problem number two is that your comments are confusing and 99% incorrect. Most of what you have to say has nothing to do with the situation at hand.

Snipes