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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10144
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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My husband moved out the end of 2014, but refuses to get a

Customer Question

My husband moved out the end of 2014, but refuses to get a divorce. I have one child that lives with me that I want to claim,but my husband says we have to file together. is that tur?
Submitted: 2 months ago.
Category: Tax
Expert:  Lane replied 2 months ago.

Hi. I can help here. My name's Lane

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No, that's incorrect. There are two basic fiing statuses for those that are married (married filing jointly and married filing separately)

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Further, if you have at least one dependent, you can file as head of houshold (lower taxes than filing as married filing separately) as long as you meet certain criteria.

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Even if you are still legally married, you may beconsidered unmarried for the purposes of the Head of Household filing status if all 5 of the following statements are true:

  1. You are not filing a joint return.
  2. You paid more than half of the costs of keeping up the home during the year.
  3. Your spouse did not live with you anytime during the last 6 months of the year (temporary absences don't count as not living with you).
  4. Your Qualifying Person is your child, stepchild, or foster child and they lived in your home for more than half the year (except temporary absences).
  5. You are able to claim an exemption for the child (meaning they qualify as your dependent),or you cannot take the exemption only because the noncustodial parent qualifies for it
Expert:  Lane replied 2 months ago.

Finally, it might help to know that if you refuse to file jointly, this makes it impossible for him ... as the only way one can file a joint return is to have both signatures.

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If you refuse to file that way, the only way he'd be able to make that happen is to forge your signature, a felony.

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Please let me know if you have any questions at all, before rating me

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If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit") ... Otherwise I receive no crediting for the work here.

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Thank you!

Lane

I hold a law degree, with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.