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what can I do regards XXXXX XXXXX filing taxes, married head…

Customer Question
what can I do regards...
what can I do regards XXXXX XXXXX filing taxes, married head of household when I cannot contact my spouse to get information due to a restraining order
Submitted: 6 years ago.Category: Estate Law
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2/26/2012
Estate Lawyer: John Elder, Estate & Elder Law replied 6 years ago
John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4,632
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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Thank you for trusting Just Answer. I will answer as clearly as possible. I do ask for you Accept my answer so I am paid when we are done.

Unfortunately, you have to file married filing separately. You cannot file married head of household or a joint return.

I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your inquiry. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

I hope you find my response helpful, please click on the ACCEPT button. This is necessary for me to be paid for my work assisting you. Clicking Accept will not close your question. You can still ask, and I will respond, to follow-up questions if needed. Leaving a bonus and positive feedback is not required but they are appreciated!

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Customer reply replied 6 years ago
cannot even complete the return as if i fille married filing separately, I would need his income whcih I cannot get...as I am trying to file my taxes as the court needs this for my annulment, and they need the current income tax files. the only option that lets me file w/o his data is single head of household.
Estate Lawyer: John Elder, Estate & Elder Law replied 6 years ago
You are not single if you are still married. You cannot file a Single Head of Household return.

You must file married filing separately. You are being asked income because you are in a community property state. Unfortunately in California because you are community property, you are considered to have 1/2 of his income. If he is refusing to provide you the income information then you cannot file the return. You can make a motion with the court in the annulment action for the court to order him to provide you his income information.
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Customer reply replied 6 years ago
have stated my dilemma
cannot file married filing jointly as I reside in CA and to do this way would require my spouses informationm, and I cannot get his information as he is violent and I have a restraining order so the only selection is single head of household that has thw option of not having to have his tax information.
Estate Lawyer: John Elder, Estate & Elder Law replied 6 years ago

Single Head of Household is NOT CORRECT. You would be in violation of tax code by filing that return. It is the same as not filing a return to file an improper return.

 

I gave you your options regarding how to get his income:

 

If he is refusing to provide you the income information then you cannot file the return. You can make a motion with the court in the annulment action for the court to order him to provide you his income information.

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