[Tonya123]

My husband has been in and out of our home several times on last year for weeks at a time. During those times I had no financial support from him. He has been consistently out of the home for the last four months of last year. I pay all the bills. We have four children. Can I legally file another tax status other than MFS or MFJ. Can he claim any of the children although they do not live with him.

[AtlantaTaxExpert]

In the eyes of the IRS, the custodial parent gets to claim the children, unless you both agree otherwise.

Now, as to your filing status, MFS or MFJ are your only two options. To file Head of Household, he must be OUT of the house for SIX months. Your post says he was gone for only four months, so you do not qualify.

Recommend you file quickly, preferably electronically, because if he efiles first and claims one, several or all of the kids, then you will have to file by normal mail and ask the IRS to determine who is entitled to claim the children.

This all assumes that you in fact have a job and are bringing home a paycheck. If not, then you need to coordinate with him to file Married Filing Jointly, then negotiate who gets the refund.