Seeking Ldij - Claiming the Kids!

[GottaGo]

What is the name of your state? NJ
I saw some of the advice Ldij gave on another issue and she seems pretty knowledgeable...
Hoping she can help me too! And whomever else may have info in this area...
So my husband and I separated this January and of course we have the issue of 2006 taxes to deal with. We are both self-employed and both want to claim both of our children.
I would like to file as Head of Household with both children as deductions.
We have not yet established a temporary order for legal and physical custody (appt pending), but my husband has left our apartment and rented another and the children continue to reside with me with liberal visits with dad. The 3yo gets overnights, baby gets 6 hrs tops.
95% of his 2006 income was put back into his business, from his business and personal accounts, where as I supported our household, from my own bank account. I have bank records showing 10 months of rent paid (he paid 2 months after I gave birth), electric and gas bills, phone, cable, etc, as well as clothing stores, wal-mart, Foodtown, Acme, etc for household supplies and food all paid by me from my account. I work from home so the children were not in daycare, they were (and continue to be) with me.
So which of us can claim the children without the IRS freaking out?

Thanks for your help!

 

[GrowUp!]

What is the name of your state? NJ
I saw some of the advice Ldij gave on another issue and she seems pretty knowledgeable...
Hoping she can help me too! And whomever else may have info in this area...
So my husband and I separated this January and of course we have the issue of 2006 taxes to deal with. We are both self-employed and both want to claim both of our children.
I would like to file as Head of Household with both children as deductions.
We have not yet established a temporary order for legal and physical custody (appt pending), but my husband has left our apartment and rented another and the children continue to reside with me with liberal visits with dad. The 3yo gets overnights, baby gets 6 hrs tops.
95% of his 2006 income was put back into his business, from his business and personal accounts, where as I supported our household, from my own bank account. I have bank records showing 10 months of rent paid (he paid 2 months after I gave birth), electric and gas bills, phone, cable, etc, as well as clothing stores, wal-mart, Foodtown, Acme, etc for household supplies and food all paid by me from my account. I work from home so the children were not in daycare, they were (and continue to be) with me.

This is all irrelevant.

So which of us can claim the children without the IRS freaking out?

Well were you married as of December 31st? Your status on December 31st is how you are to file. But standby for LdiJ for exact specifics as she was a tax gal.

 

[GottaGo]

i know that at the very least we can file as 'married filing seperately' and in that case still one of us will have to claim the kids

 

[ceara19]

i know that at the very least we can file as 'married filing separately' and in that case still one of us will have to claim the kids

If you plan on filing separately, the FAIR thing to do would be for each of you to claim ONE child. Without a custody order issued BEFORE January 1st of this year, you both have the right to claim the children equally.

 

[Neal1421]

This has been answered in her other thread.

https://forum.freeadvice.com/showthread.php?t=352900

 

[LdiJ]

What is the name of your state? NJ
I saw some of the advice Ldij gave on another issue and she seems pretty knowledgeable...
Hoping she can help me too! And whomever else may have info in this area...
So my husband and I separated this January and of course we have the issue of 2006 taxes to deal with. We are both self-employed and both want to claim both of our children.
I would like to file as Head of Household with both children as deductions.
We have not yet established a temporary order for legal and physical custody (appt pending), but my husband has left our apartment and rented another and the children continue to reside with me with liberal visits with dad. The 3yo gets overnights, baby gets 6 hrs tops.
95% of his 2006 income was put back into his business, from his business and personal accounts, where as I supported our household, from my own bank account. I have bank records showing 10 months of rent paid (he paid 2 months after I gave birth), electric and gas bills, phone, cable, etc, as well as clothing stores, wal-mart, Foodtown, Acme, etc for household supplies and food all paid by me from my account. I work from home so the children were not in daycare, they were (and continue to be) with me.
So which of us can claim the children without the IRS freaking out?

Thanks for your help!

I answered your question already on the tax forum.