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.
Child Custody Lawyer
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.
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Consider using a local tax preparer: it will cost much less than a tax lawyer.
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Divorce / Separation Lawyer
Counsel offers you good advice. If there is no order in place, do what's in your best interest. Good luck.
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Family Law Attorney
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.
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