HUSBAND AND WIFE SEPERATED ON JULY 1,2008. HAVE 2 KIDS THAT REMAIN WITH WIFE. WIFE FILE HOH CLAIMS BOTH KIDS FOR EIC, BUT LEAVES 1 FOR SPOUSE TO CLAIM AS DEPENDENT,CHILD TAX CR & CHILD CARE CR. BUT NO EIC. CAN SPOUSE CLAIM HOH FOR THIS CHILD. LOOKED UP IN IRS BUT STILL CONFUSED. PLEASE HELP ME UNDERSTAND. THANKS
The child would need to live with the father for more than 6 months in the year for him to claim HOH.
Busylady, I know that you know that a married person CAN NEVER FILE AS A SINGLE PERSON. And that MFS does not mean married filing single. Geez.
The wife filing status should be HH, since she has custody of the children, the husband should file as MJS, he is entitled to the child tax credit and dependent exemption only. He is not allowed the EIC and the Child and Dependent care credit.
I agree with HLM tax and Mimbreno
If no child lived with husband during the last six months of the year, he can only file MFS or
MFJ with the wife.
