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I had no income but have kids do I still file taxes?

Asked Jan 5, 2010, 04:40 PM — 6 Answers
My husband split from me and our two girls in march of 09 and has provided us with almost nothing financially. I have been a stay at home mom for years and since he left have been getting gifts from family till I can get us on our feet. Technicly we are still married...but how would I file taxes since we haven't been togetherall year and he hasn't supported the kids? (he is kniving and can't be trusted)

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JudyKayTee's Avatar
JudyKayTee Posts: 45,328, Reputation: 23499
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#2

Jan 5, 2010, 04:43 PM
Married, filing separately. You can't file as single because you are, in fact, married. You could also file married/joint but it would sound like that is not an option.

He has been "gone" for almost a year. What does the support order say about support and tax consequences?

What is kniving? Is that a local expression?
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eb1985's Avatar
eb1985 Posts: 3, Reputation: 10
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#3

Jan 5, 2010, 04:52 PM
We don't have a support order in effect or any kind of agreement.. The court system is so slow...would I get anything from filing though if I had no earned income?
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#4

Jan 5, 2010, 05:00 PM


A custody order and a child support order should be heard within a month or so, not the entire divorce,

You need to get a child support order in place.

If you had no income at all, there is no requirement to file
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JudyKayTee's Avatar
JudyKayTee Posts: 45,328, Reputation: 23499
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#5

Jan 5, 2010, 05:13 PM
Quote:
Originally Posted by eb1985 View Post
we don't have a support order in effect or any kind of agreement.. The court system is so slow...would I get anything from filing though if I had no earned income?

He's been "gone" since March (10 months) and the Court hasn't heard the issue of child support yet and relatives are supporting you? You need to go back and file an emergency petition.
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eb1985's Avatar
eb1985 Posts: 3, Reputation: 10
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#6

Jan 5, 2010, 07:03 PM
Its complicated..took a few months before things were filed and then a support order was in effect for 2 months and he wanted to reconsile, so everything was dropped and then he ditched out again. So the process has started over (to put it all simply) I have received grant money now for school (5300), Does that count as EIC?
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,862, Reputation: 3723
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#7

Jan 6, 2010, 07:30 AM


Are you legally separated?

If so, you then meet the criteria for being "considered unmarried" and can then file as Head of Household.

Unfortunately, unless you have some earned income, you will not get any Earned Income Credit. The grant from the school is NOT earned income.
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