[pat5987]

I am legally married but separated. I am living with relatives, receive child support and on government assitance. I would like for my children's father to claim the children since he is the one currently supporting them. What would be the best way to file the tax return?

[cdad]

You agree in writing with him that he is allowed to deduct the children. If that is your wishs. And you would file as single since you have a legal separation at this point unless you were married through most of the year and this is the year of separation.

[AtlantaTaxExpert]

She can file as if single and claim Head of Household if they have been separated for at least the last six months of 2010.

However, the couple should investigate whether it would be best to file JOINTLY, which is normally the best filing status tax-wise. Working together and using tax software (or a competent tax professional who can model the return several ways), they can determine which filing produces the best aggregate tax refund, then negotiate who gets how much.

Since last year, it is possible to split the tax refund between several bank accounts, for the separated couple could easily file jointly and have their share of the higher refund direct deposited into their respective bank accounts.

I have performed these services MANY times among my clientele who were getting divorced, so if you want MY professional help, email me at [email protected].