Head of Household or Married file separate?

[Tink11464]

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

Back in 1998 I changed my name (hyphenate it) with my then "fiance" - we said we were common law back then (when PA acknowledged it - they have stopped acknowldeging it since 2005).

I had a daughter when we met and I always filed head of household and claimed her - he had a failing business for years and I paid all of the bills but rent. Everything was always separate - we have always filed separate, we have separate bank accts, bill payments, credit cards, etc... We pay nothing jointly. That daughter is now grown but he and I have an 8 year old daughter and I always filed the same way - Head of Household and claiming her.

Someone just told me that is incorrect - is this true?? Could i be in trouble for what I have always done (and thought was right)?

Thank you for your help.What is the name of your state (only U.S. law)?

 

[FlyingRon]

A common law marriage is recognized for IRS purposes if the state you are residing in at the time recognizes common law marriage. If you had Pennsylvania recognition of your common law marriage you should have filed married (either jointly or separately). Now that Pennsylvania does not recognize it you can file single or head of household.

The bigger issue is whether you were ever, in fact, common law married. The fact that you changed your name and cohaibitated isn't sufficient.

Anyhow enough time has passed that I wouldn't be two worried about the wrong status then.

 

[Tink11464]

Thank you so much for your help - I have been so worried all day. They were saying about fines and jail time, etc. Thank you for that bit of relief.