I filed for divorce in April 2012,so far the only thing done was spousal and child support order. I have been receiving the monies since 6/1 but they have not gone through the courts. I am in the house with my three older kids, youngest 18 still in high school. I have income from 5 weeks on a job $400 but I am now unemployed, house is going to go in foreclosure. Can I file head of household and claim my 18 year old son?
Divorce / Separation Lawyer
If you are indeed the head of the household then yes you may take the tax deduction, however if your spouse asks for the deduction and he is paying support you may want to discuss this with your cpa or attny to be safe. take care. In many instances if all the deductions don't help you any further offering somethign to him is helpful towards settlement and negotiations. take care.
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There is a nifty application at the IRS websited called the Interactive Tax Assistant, and it will tell you what filing status you qualify for -- http://www.irs.gov/uac/What-is-My-Filing-Status%3F
This answer or response should not be considered legal advice, and does not create an attorney-client relationship. If you have further questions, I would be glad to discuss your situation further. I can be reached at US - (801) 746-6300, or online at -- http://www.lewishansen.com/attorneys/robinson.html
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