Separation and tax refund


#1

If we’re separated how would we go about filing taxes and if I claim the kids or we have to file together does he get half the earned income credit for the kids? Or half of any of my tax $?


#2

Check with a tax professional about whether or not it is best to file jointly or separately if you and your spouse are separated but not yet divorced. Most couples find that filing jointly is the best option for them. For those that file jointly, refunds and deficiencies are typically divided equally.

For couples that file separately, oftentimes one spouse will claim one child and the other spouse will claim the other (or alternate even and odd years claiming the child, if only one child or if there is a third child). Otherwise, IRS rules and regulations would apply which would allow the custodial parent to claim the children as their dependents. If a spouse files separately, then any refund would be theirs to keep and any deficiency would be their sole responsibility, absent an agreement otherwise.

Take a look at our article, Children & Taxes: The Details for more information on this topic.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

So he could take half even though he doesn’t have any pay stubs at all for the whole year? Who wrote this gay law? That’s not even fair


#4

Dividing a joint tax refund equally is not a law. It is the mutual agreement of the spouses as to how much of a tax refund each will receive when there is a joint filing. Typically it is 50/50, but it can vary depending on the spouses’ agreement. It can be acceptable, depending on all the surrounding facts and circumstances, for one of the spouses to keep 100% of a refund.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Check out our Do It Yourself Divorce Guide which has step-by-step instructions for filing for an absolute divorce along with all the forms that you will need to file.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

I am confused. I read one place where you can file Head of Household since NC doesn’t have a separation agreement and another place where you can’t becasue of the same reason. I have 2 children I have custody of and I pay all household bills. We tried to stay together for the kids during Christmas, but after Christmas, we separated. Can I file Head of Household?


#8

You likely cannot file as head of household if you did not live separate and apart from your spose for at least 6 months of 2017. However, always check with a tax professional regarding the best filing status for you.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.