Gary L. Schlesinger
Gary L. Schlesinger, Divorce / Separation Lawyer - Libertyville, IL
Posted over 2 years ago.

no, she could file h or h if for the last six months of the year she and the spouse did not live together and the child lived with her. see paragraph 173 of the master tax guide.

Peggy M. Raddatz
Peggy M. Raddatz, Divorce / Separation Lawyer - La Grange, IL
Posted over 2 years ago.

the facts do not reflect that at all

Peggy M. Raddatz
Peggy M. Raddatz, Divorce / Separation Lawyer - La Grange, IL
Posted over 2 years ago.

i always answer based on the facts presented. As such I stand on my answer.

Gary L. Schlesinger
Gary L. Schlesinger, Divorce / Separation Lawyer - Libertyville, IL
Posted over 2 years ago.

but you said she only has two choices--married joint or married separate. that is not true. if she meets the h of h test, there is a third choice and thus she perhaps did not violate the law.

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Asker
Posted over 2 years ago.

lived apart all of 2012, kids reside with me.

Peggy M. Raddatz
Peggy M. Raddatz, Divorce / Separation Lawyer - La Grange, IL
Posted over 2 years ago.

well yes she only has 2 choices based on the facts presented. I do not add facts to the Askers question.

Gary L. Schlesinger
Gary L. Schlesinger, Divorce / Separation Lawyer - Libertyville, IL
Posted over 2 years ago.

peggy, she never said that they lived separate or together. you assumed together in your answer,

Peggy M. Raddatz
Peggy M. Raddatz, Divorce / Separation Lawyer - La Grange, IL
Posted over 2 years ago.

ok then you can file head of household. thanks for responding to our discussion and setting the facts straight! Thanks Gary.

Peggy M. Raddatz
Peggy M. Raddatz, Divorce / Separation Lawyer - La Grange, IL
Posted over 2 years ago.

it proves just how fact driven these issues and questions are!