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Filing taxes with EX??!

I have been separated from my husband since May 09 nothing has been done yet towards a divorce. He had been jobless forever but just at the end of 09 he got a job, I don't think he told child support and now he wants to file taxes together. What should I do, what is legal and not. I take care of our special needs son and he never helps or sees him for that matter. I do not have a job so that I can stay home to care for our son. Haven't had a job since May 08. My son receives SSI. I don't really understand the whole process and all the right and wrong ways to file taxes and I don't need to be in trouble with the IRS! Any help would be appreciated!!!

Answer Question

Asked by lmsar at 12:11 AM on Jan. 5, 2010 in Money & Work

Level 12 (764 Credits)
Answers (5)
  • If you have lived apart for 6 or more months you can file seperate from him. He would get a little bit of EIC for your son if he claimed him. If he is behind in court ordered child support, I am thinking it is either 500-1000 dollars you should get the refund, if you have court ordered child suport and he is behind call them BEFORE he files.

    Answer by ronjwake at 12:17 AM on Jan. 5, 2010

  • If you are still technically married, you either file together and claim EIC if you qualify for it, or you file married but separate and neither of you can claim EIC. It sucks. Personally if a couple separates and one parents is the sole caretaker for the child, divorce or not, they should, IMO, be able to file separately and get the earned income credit.

    Answer by randi1978 at 12:34 AM on Jan. 5, 2010

  • Call the IRS 1-800-829-1040 - Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

    I had a tax issue a few years ago; the IRS agent that I worked with actually saved me about $400

    Answer by rkoloms at 7:11 AM on Jan. 5, 2010

  • I would NOT file with him. I'd file as Head of House and get my EIC. Let him file Married but filing Separate

    Answer by admckenzie at 10:50 AM on Jan. 5, 2010

  • But if you are not divorced, you CANNOT file separately and claim EIC. The only way you can get the EIC is if you file jointly with the spouse.

    Answer by Anonymous at 8:13 PM on Jan. 5, 2010

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