Me and my spouse have been separated for about 2 years. Last year, we agreed to file together since we lived together during that tax year for more than 6 months. For the 2008 tax year, we agreed that I would count the kids on my taxes and file head of household. He would file his own taxes. Well, I am in the process of filing my taxes and I am trying to be fair. From what I understand, you need at least 3 children to qualify for the EIC. Well, we have 3 children and I claimed exemptions for them. I am the custodial parent and the children live with me and I provide over 50% of their support. He does pay child support. He made more money than me last year and I think he may have to owe on his taxes. I was thinking about letting him claim one of the kids on his taxes. Will this screw up anything for me. I counted daycare expenses on all of the children in the papers too. Can someone give me advice on how to go about this matter? He doesn't care if I let him counts the kids or not, but I just want to do the best thing you know?

Also, we are working on a divorce, but the papers have not been filed in court yet. Can I claim head of household or do I have to file jointly with him or married filing separately. We do not live together and the kids live with me??

Rowrita:

You get EIC credit for one or two children. Any additional children after TWO does NOT enhance your EIC, but you lose out on the Additional Child Tax Credit.

You CAN claim Head of Household if you lived separately from your husband for the last SIX MONTHS of calendar year 2008. HE has to file Married Filing Separately unless there is a separation agreement in effect.

There are so many variables to be considered that, ideally, you should both go to the SAME tax professional and simply say: Model the returns using your tax software and determine the best way tax-wise for us both.

I have done this several times in the past 20 years and, acting as the honest broker, I was usually successful in getting both spouses the best deal available.