I'm disabled, and currently married in Texas but wife and kids live seperately. Moved away June 7 2019. Wife agreed to file jointly and split return 50-50 but secretly filed head of household to avoid sharing tax return with me. So the joint return I filed today was rejected by the IRS. We have not filed for divorce but will. She has the kids and moved in with her parents. My income is purely from disability payments. $10k total last year. 11 year old and 6 year old kids. Wife is a nurse and made $35k total last year. The joint return was projected to be over $8,000. I don't know how much she will receive back as Head of Household because she filed with H&R Block without telling me. Is there anything I can do to collect half of her return? $4000+ is nearly half of my entire yearly income so obviously I was counting on it to survive.
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Sorry---but while what your spouse did took you by surprise and is unpleasant for you. she was within her rights to file as HOH. You say the two of you have been separated since early June and she has the children, so she does qualify to file as HOH and can do so. You will have to file married filing separately. Consult your attorney for further advice.
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