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

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?

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Attorney answers 3


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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


To file as head of household you hve to be unmarried as of the last day of the year. Read IRS Publication 501 at


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 --

This answer or response should not be considered legal advice, and does not create an attorney-client relationship. If you have further questions, I would be glad to discuss your situation further. I can be reached at US - (801) 746-6300, or online at --