Legal Question in Family Law in New York
Tax time and we are separated
Hello, I am hoping someone can help me here. I have been separated (not legally) from my husband for the last 6 months. Tax time is here and I am wondering how to go about filing, what will be the best thing for me. I am a graduate student (full-time) and do not work.
The only job I do is a graduate asisstanship which pays me 107.00 every 2 weeks during the semester. He is giving me 200.00 a week right now. I think his income is around 43,000 or so (I could be off somewhat) With 2 children and trying to keep a home, which is paid for, however, with heat (cost of fuel oil, etc) it is not working out very well :( and of course, has put me in a position where I cannot even afford a divorce attorney.
He says we should file our taxes like we normally do and split the money. We qualify for earned income credit, so normally our return from him claiming 0 is about 5-6 thousand. Somehow splitting that does not seem quite fair to me since the children's primary residence is with me.
Please tell me the best way to go about this so that I am not getting cheated here - I have had quite enough of that from him. Any help you can offer would be greatly appreciated. It means a great deal to me. Thank you.
1 Answer from Attorneys
Re: Tax time and we are separated
Unfortunately, married couples generally have only 2 filing options: "married filing jointly" or "married filing separately." The tax rate for joint filing is much lower than for separate filing. It appears that your husband is proposing that you file jointly. This is likely the best option for both of you.
You should also ask you tax preparer to look into filing "head of household" for you. If you qualify, you would file separate returns, and this may prove to be a better option.
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