I am married but not living with my husband anymore. Have a child. Started divorce process, I have to do my taxes.

Asked almost 2 years ago - San Francisco, CA

I am still in the process of divorce. My child is living with me it's been more than a year. When I do my taxes, What would be my status: do I need to do as Single or Married Filling Separately, can I do as Head of the house hold and claim my child as dependent , actually the father left us alone. When he did taxes last year, he had a company LLC, did taxes with person taxes, he took all the refund money. Recently got a letter from IRS under both names showing some amount has to pay to the IRS. Now the person is absconding no where-a bout's , would I be liable for that amount, because last time he did taxes, did Married Joint Filling. This guy put me in so much trouble, I end up paying all the bills and other debts, now the taxes also, I am already ripped off. Please help me with taxes.

Attorney answers (4)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . Counsel offers you good advice. If there is no order in place, do what's in your best interest. Good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Holly J Moore


    Contributor Level 10


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Because you are still married you have two options to file taxes; married filing jointly, or married filing separately. You can not file single. If you have primary custody of your child, you can claim her as a dependant and file head of household.

    Regarding last years taxes which were filed jointly, there are two possible ways out of that; one is to be deemed an "innocent spouse" as far as the IRS is concerned. This is somewhat difficult to do and you would need to consult with an attorney who deals specifically with innocent spouses and the IRS. The other possible way out is if you get a divorce Judgement from the family court which orders Husband to pay taxes entirely, however be aware, even though you may get a Judgement from the Family court alleviating this burden for you, if Husband still does not pay, the IRS still may be able to come after you, your recourse would be in the Family Court, but that doesnt get you free and clear with the IRS.

  3. Carol Anne Jasinski

    Contributor Level 11


    Lawyers agree


    Answered . As long as you are still married, I do not believe it would be proper to file as single. However, a tax preparer can help you with that. However, it sounds like you have more issues that just how to file this year's taxes.

    If you have a lawyer helping you with your divorce, you should talk to him or her about these problems soon. If not, you should probably consider talking to someone, either a divorce lawyer or a tax lawyer with expertise in this area.

  4. Todd Matthew Heine

    Contributor Level 13


    Lawyers agree

    Answered . Consider using a local tax preparer: it will cost much less than a tax lawyer.

    Total Mobility Law is an international law firm that lets companies do global business with the knowledge and... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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