Please clarify the facts. I am assuming that your husband filed his tax return using his social security number but indicated on his tax return that he was married to you and put your SSN as your number, not his, right? And, because you are only able to file Married Filing Separately, you are unable to claim the credit?
If my presumption is correct, you could persuade your husband to file jointly and, thereby, allowing you to claim your credit (presumably).
I am not an IL tax expert. So, I am not sure if you can get the credit if you are filing separately from your husband.
Please clarify or consult a local tax professional. This time of year, some newpapers and CPA societies run telephone clinics where you can call in and ask your question with a tax professional for free.
Marty Davidoff, email@example.com, 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.
I agree with the previous attorney in that it is not clear what happened. If he filed jointly, you can just file seperately. If somebody files seperately, they are explicitly NOT filing with their spouse.
he is not your ex husband. he is your husband. so, you either file taxes as married joint or married separate. he chose the latter. there is nothing wrong with that. now you and your lawyer negotiate with him to amend to married joint but only if that is a net tax savings for both of you. if married separate is the way that pays the fewest dollars in taxes, file that way and ask him to contribute to your taxes.
this tax issue is something that you and your lawyers should have addressed in settling the case. you did not. now there is an open issue in your case.
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