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Mark Anderson
Mark Anderson, Tax Attorney
Category: Tax
Satisfied Customers: 539
Experience:  Tax attorney and accountant
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I am asking this nephew. He is separated from his

Customer Question

Hi, I am asking this for my nephew. He is separated from his wife and they have one child together. She has been living with another man She did not work last year. My nephew has a court order to claim the child. When he filed it was kicked back because he found that the man she was living with claimed the child. He has been instructed to file a paper return and include the court order. When we looked at the law it looks like he could file head of household because she had no AGI for last year and he did. Is that correct? Is he also entitled to earned income credit?
Submitted: 6 months ago.
Category: Tax
Expert:  Mark Anderson replied 6 months ago.
He may qualify for head of household and EIC.\He should file earlier. If another person claim the child you need to contact the IRS. If you file before them, then their return would be kicked back. Next year you should file early. You need to contact the IRS. You could also contact the court and hold them in contempt for failing to follow the Court's order. I hope this answers your question.
Customer: replied 6 months ago.
Yes, thank you. He did try to file early but it kicked his return back. He has contacted the IRS as well.
Expert:  Mark Anderson replied 6 months ago.
Ok. He would need to file earlier than they do. Did I answer your question? If so, then please hit accept. Thank you.

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