I HAVE BEEN SEPARATED FOR ALMOST A YEAR MY DIVORCE IS NOT FINAL BECAUSE MY HUSBAND IS PROLONGING EVERYTHING , HE CHEATED FOR MORE THAN A YEAR , HE USED TO GIVE ME MONEY BEFORE BUT NOT THE RIGHT AMOUNT JUST ENOUGH TO PAY HALF OF THE RENT , I TAKE CARE OF THE REST OF MY EXPENSES AND MY SON ,MY QUESTION IS IF HE TRAY TO DO HES TAX RETURN AND MAKE MY SON AS HE DEPENDENT EVEN TOUGH HE HAS BEEN LIVING WITH MY AND I MAKE MOST OF ALL HIS EXPENSES IS THAT RIGHT OR CAN I DECLARE HIM AS MY DEPENDENT ?
Generally speaking, assuming there’s no court order addressing this, the dependency exemption goes to whomever the child lives with more than 50 percent of a given tax year. Since you’re not yet divorced, for 2018 tax year, you will need to file either as married (jointly or separately) or as head of household. You should consult with a tax expert to decide which, along with an experienced family law attorney.
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