[lmichie]

Hi. My partner and I have separated since April last year. The HMRC have written to me to ask me why I have not claimed as a joint couple. He lives with his dad and sometimes stays here because we have 2 children together - who miss him and love having him stay over. He still uses this address as his postal address. The HMRC have asked for evidence that we are separated - but I don't have any 'records'. I haven't called them yet. I'm not sure what to say or do as I can’t prove anything. I'm really worried I'm going to be prosecuted or charged a penalty even though I haven't done anything wrong. Can you advise me on what type of evidence they may require?

[AK lawyer]

You are in the UK? (Must be, because HMRC stands for Her Majesty's Revenue and Customs"".)

You should respond by explaining the reason you don't feel you have to file jointly. You also might submit evidence (an affidavit from him, as well as from his father perhaps, that he has been living with his father). It appears to me that you might not have sufficient cause to file jointly, but I am not familiar with the tax code in your jurisdiction. Did you use a commercial tax preparation service? If so, they might be willing to assist you. Is he paying you child support?