Tax experts, please help

Question

Ok, my situation is somewhat complicated. I will try to explain it the best I can. Current situation: married but separated since the end of April. I have 2 children from a previous relationship that I can claim, the father cannot. I am pregnant with my husband's child, due in October. So here are my questions:

1. Is there a minimum amount of $ or amount of time that I need to work/earn to file taxes to be able to get any type of credits? I haven't worked all year but right now I'm thinking I should get some sort of job even for a little bit so I am able to file and get something back.

2. How should I file? I would think filing jointly would get the most money but I am worried he will keep everything and not share with me although he's been gone for over half the year.

3. If we did file jointly, what portion should I be entitled to? I would think at least the child credits since I took care of the children.

4. Because of my situation I cannot file for divorce until Oct. and if we're in the middle of a divorce come tax time is there a certain way I must file?

Thanks for your time and nosey people who will say I should work things out and what not save your breath, it's over. Don't judge people without knowing the whole story.

Answer 1

Geez, you have your hands full, don't you.

Assuming you didn't reconcile even for one night after June 30, you can file as head of household if the kids live with you and you provide over half of the cost of keeping up the household.  That is probably best for YOU.  Filing joint might be better overall for the two of you, but if you have concerns over what you'd get in a split of the refund, go with HofH if you are eligible for that.  

If you file jointly, there is no amount that you are legally entitled to - the split is whatever you and your spouse agree to.

Being in the middle of a divorce at tax time doesn't change how you can file.

If you don't work at all, you can't get anything from taxes for the kids.  If you do get a job for at least some of the year you'd be eligible for EIC.  The EIC amount depends on how much earned income you have, so might not be a lot.  But if you earn even $1000, the EIC would be over $400.  If you even earn $500 it would be around $200.

Good luck - sounds like you can use some.

Answer 2

The IRS looks at your marital status on 12/31.  Either you are married on that date or not.

If married, your choices to file are MFJ and MFS.  There is a remote chance you can file as HOH, but that requirest that you be able to show that you paid more than half the bills of keeping up your home--welfare doesn't count as money you provided.  Living with relatives doesn't count either.

As far as getting money back, you need either income and withholding or EIC.  EIC requires that you don't file MFS.  And EIC requires that you work--who exactly will be watching your children while you are at work?

If you file MFJ the check will be made out to both of you.  The IRS will send one check and it's up to you and your spouse to divide.  If he "keeps it all" you'd have to sue him and get a court to agree that some of it is yours.