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My husband and I are preparing to file our final divorce decree in TX. We are discussing the tax deductions and who should get them or how they can be split for the 2009 tax return and 2010-2012 also. We have 4 children ages 19, 17, 12 and 9. Our oldest is a full-time college student in his second year. I am currently unemployed but am actively searching for employment. I only earned around $5,000 last year. My husband would like to take all 4 deductions, because he does not believe will not need them. He would like to take all the deductions, whether there are 4 or less, as long as he pays spousal maintenance (alimony) until 2012. I am not sure what other information you will need to help me know if I should allow him to take all the deductions or if we should split them because I can also receive a benefit.

Submitted: 32 days and 12 hours ago.

Category: Tax

Value: $15

Status: CLOSED

State/Country relating to question: United States

Posted by Marvin,EA 32 days and 12 hours ago.

Info Request

Hello and thank you for using Just Answer. Did any of the children lived with you in 2009? Was you separated from your husband for more than 6 months in 2009?

32 days and 12 hours ago.

Reply

All of the children lived we me, except for when the one was in college- I am the custodial parent. My husband left in MArch 2009 so we have been separated for more than 6 months.

Accepted Answer

If your only earned income for 2009 will be $5,000 you should let your husband claim the 4 children. You will be able to claim the earned income tax credit for any of the two children. You do not have to claim the children as dependents to receive the earned income tax credit. For 2010, 2011, 2012 claiming the children will depend on your earned income.

Accepts:
Expert:	Marvin,EA
Pos. Feedback:	98.5 %
Answered:	10/21/2009

Enrolled Agent

10 years self employed , Income Tax Preparation & Representation

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State/Country relating to question: United States

Info Request

Hello and thank you for using Just Answer. Did any of the children lived with you in 2009? Was you separated from your husband for more than 6 months in 2009?

Reply

All of the children lived we me, except for when the one was in college- I am the custodial parent. My husband left in MArch 2009 so we have been separated for more than 6 months.

Accepted Answer

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State/Country relating to question: United States

Info Request

Hello and thank you for using Just Answer. Did any of the children lived with you in 2009? Was you separated from your husband for more than 6 months in 2009?

Reply

All of the children lived we me, except for when the one was in college- I am the custodial parent. My husband left in MArch 2009 so we have been separated for more than 6 months.

Accepted Answer

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