Charlotte, NC asked in Tax Law for North Carolina

Q: Tax law... Married filing separately husband left home for 6 months made no contributions to home can he claim kids

He moved out the home, provided no financial support , moved back into the home, and is now living in the garage. We filed joint tax returns for 2018 he filed separately and claimed the kids because he made more money is that legal? Even though the kids and I never left the home and I provided all financial responsibilities while he was gone out of the home. He left by choice, and returned while I was out of town he was staying in the home for the weekend while I was away. Legal separation papers never filed.

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2 Lawyer Answers
David Ostrove
David Ostrove
PREMIUM
Answered
  • Tax Law Lawyer
  • Los Angeles, CA

A: Whoever pays more than one half of the support may claim a child as a dependent.

Whoever proves that he/she provided more than 1/2 of the support of the child.

It's a matter of proof, by documents.

Linda Simmons Campbell
Linda Simmons Campbell
Answered
  • Tax Law Lawyer
  • Burlington, CT

A: If you believe that you provided more than 50% of the support for your children then you can file a paper return claiming the children. Provide any documentation that will support that you paid more than 50% of their support. The IRS will investigate who can actually claim the children.

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