no, she could file h or h if for the last six months of the year she and the spouse did not live together and the child lived with her. see paragraph 173 of the master tax guide.
the facts do not reflect that at all
i always answer based on the facts presented. As such I stand on my answer.
but you said she only has two choices--married joint or married separate. that is not true. if she meets the h of h test, there is a third choice and thus she perhaps did not violate the law.
lived apart all of 2012, kids reside with me.
well yes she only has 2 choices based on the facts presented. I do not add facts to the Askers question.
peggy, she never said that they lived separate or together. you assumed together in your answer,
ok then you can file head of household. thanks for responding to our discussion and setting the facts straight! Thanks Gary.
it proves just how fact driven these issues and questions are!