| Goodmom |
| (Pooh-Bah) |
| 04/20/11 05:08 PM |
Re: He files and gets a refund, didnt give me ANY $
|
Quote:
Um, no. He is HOH even though still married because he was separated from his wife for the last 6 months of 2010 and he supported the children that he claimed for all of 2010. Absolutely, considering the facts presented by the OP, under an audit, he would NOT have filed HOH incorrectly. He followed the IRS regs that define what is HOH and assuming what the OP said is true, he qualifies. I ignored nothing. I highly doubt the refund would be partially hers - he filed on his income claiming the children he supported with that income.
Thanks for clarifying. I wasn't sure if it was 6 months or had to be more than 6 months.
As I said, either way, they were married and living together for at least half the year. Doesn't matter if he used her income or not, some of that refund is joint. Doesn't matter if you agree with it or not, what matters is that they were living together for half the year. And what a family court will order. And a family court is going to take into consideration that they were living together half the year when determining what to do with the tax refund.
ETA: The year that my ex and I split, I wasn't working. Even though it was just his income on the tax return, the refund was still split between the two of us. Why? Because we had lived together during the year that the return was for.