Can I file as head of household if I filed for divorce in April but nothing has been done yet?

Asked over 1 year ago - Cleveland, OH

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?

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    9

    Answered . 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.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Peyton Hunley Robinson

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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.... more
  3. Bruce Givner

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . To file as head of household you hve to be unmarried as of the last day of the year. Read IRS Publication 501 at http://www.irs.gov/publications/p501/ar02.html#....

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