tax filing question

[whirlpoollife]

For the year 2013 x2bh did not live with me. Through the support office the records state that I file 'head of household with three exemptions.'  Is that the same as 'married filing separately'?   Do I need to find out first if xtbh is itemizing deductions or taking the standard deduction on his personal income tax return and then follow what he is doing? 

[ForeverDad]

Were you still married at the end of 2013?  If not, then Head of Household sounds right.  Was he living in your residence at end of 2013?  Someone will chime in here but it probably would be best not to include him since there are so many ways he could mess up the filing.  See IRS publication 504.

During my 2 year divorce I used a tax preparer because she filed with me (we were married until the final decree was issued) and I needed to have a professional get her signature.  The last thing I wanted was for ex to later lie claiming I had forged her signature.

[whirlpoollife]

We are still married.  H did not live with me at all during 2013. I do not want to include h at all because he did mess up 2012 taxes.  I will have an accountant preparing my taxes but I like to know some info ahead of time. Thanks.

[Waddams]

In your case, if still legally married, i think married filing separately is the way to go.

Although, if you go to a professional, you can have them run scenarios of how things work out if you go separately or together.  Sometimes, you both might have claim to various deductions but one can make better use of it (ie it gets more money back for one of you then the other).  Sometimes divorcing spouses are able to have a pro figure out what gets the most money, and then file it, and then split the return(s) so you both get the most back you can.  Regardless a good tax guy can figure out how to structure it all to get the most back, and then you and your STBX can figure out how to split it so you both get the most back you can.

When I was divorcing, the tax guy we went to was able to figure this out.  I'd insisted on going to a pro mainly to protect myself.  uPDxw didn't want to.  She ended up with twice as much money back as she'd have gotten if we'd not gone and done it her way.  I ended up with a lot more back too.  All because the pro was an former IRS agent and knew the tax system inside and out.  He knew which deductions to stick with who, who to itemize, who to do the standard deduction with, and structured it all so it was perfectly legal.  Unfortunately he's no longer working in taxes.  Got tired of all the new IRS regulations for preparers coming out, and stopped doing it.  The guy was worth his weight in gold.  He had clients emailing him taxes from all over the country.  I'd PM his contact info to ppl here if he were active just because he's really frigging good at it!

[ForeverDad]

Sometimes divorcing spouses are able to have a pro figure out what gets the most money, and then file it, and then split the return(s) so you both get the most back you can.

Of course the problem with that is stbEx will want at least 50%.  In my case, ALL of the refund was from my withholding, she withheld nothing.  So in effect I paid her for her signature to get the deductions.  So if you're going to "split the difference" then be sure to monitor your withholding and keep it as low as possible.  Mine was so high because I didn't know until October (I had to file for the automatic 6 month extension) whether my stbEx would do joint filing or not.  I was too worried about the IRS charging me for withholding too little if I had to do Married Filing Separately.

[ugghh]

If stbx did not live with you last 6 months year you are entitled to head of household.  Which is much better than married separate .  Definitely use a pro if you are not comfortable.

[whirlpoollife]

Ok I file as head of household. Next question,  I am not divorced yet , 2013 separated entire year. For six months I received spousal support. Is that considered taxable income? 

I know "alimony" after the divorce is final is taxable income but I'm questioning the support I receive prior to final divorce.

Thanks in advance

[sfbayjed]

Spousal support is taxable income, child support is not.