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Can I claim head of household exemption if I'm separated (not divorced) with two children but my ex makes more money than me.

Miami, FL |

I'm being sued for co-signing a private student loan for my ex-brother-inlaw. The loans are not federally backed. I'm a teacher who makes less than $750 a week and I have two children. I'm separated from my husband. I make $45k but he makes 90k a year. Would I still qualify. The kids live with me.

Attorney Answers 3


Its a little complicated. First, you have to have paid more than half the cost of keeping up a home for you and at least one qualifying individual. Presumably your husband pays support for your children and possibly for you. Your children are considered unmarried for purposes of Head of household if you file a separate return, paid more than half the cost of keeping up your home for the tax year, your child or children live with you for more than 1/2 of the tax year, and your spouse doers not live in the same household for the last six months of the tax year. I hope this helps

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This question would get better responses if posted in the appropriate forum. Like "debt collection", or "asset protection" perhaps......Good luck.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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R. Jason de Groot, Esq.,

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