Here are the answers to the questions:
1) have lived apart for the last 6 months of the year or be LEGALLY* separated as of 12/31
- We started living separately in July 2023. We live in NJ and there is no such thing as "legal separation" in this state
2) you and your spouse are filing separate returns
- Yes we are not filing Married filing jointly
3) you provide more than 50% of the household expenses
- As we live in separate households, yes we both technically provided more than 50% of the expenses for each of our own households.
4) your home is the main home for your bio, step- or foster child and the child must have lived with you for at least 6 months of the year. (no other relatives will meet this condition - it is specific to your children).
- All 3 kids have lived with me since the separation. Prior to the separation (which was basically 6 months also) we all lived together. We had a verbal agreement that she can claim 2 of them on her separate return to get the child dependent credit and I would only claim one.
5) you claim the child as a dependent.
- As we each are claiming at least one child as a dependent, does this one count?
Based on the answers to the questions can we both then file HoH?
As for the second part of my question, She did file HoH claiming 2 dependents. but still has not received her refund. She is running into dead ends trying to figure out why and cannot get in physical contact with anyone regarding this. As stated, I filed an extension and will be submitting soon. Can/would this extension I filed be delaying her refund from processing?
Thinking back now, it probably would have been better to just file MFJ. We probably would have still gotten a refund this way but maybe not as much as her separately filed refund. Since her return is still not yet complete, would there be any way to amend hers this and just file mine with the extension as MFJ?
