Need help with how to file.

[Marka1308]

The past 2 almost 3 years I've been separated from my husband not one of us have not filed for divorce yet I haven't due to trauma and deaths in my family . I have a no contact order on him for abuse of the children. Last year and the year before we filed married filing joint because I did not know what to do he sent his info to the tax preparer and it was done that way due to no contact. I have solely paid for and provided a home for the children and I have paid all the expenses except for the electric bill was his only child support. I have paid for everything els and the kids are in my custody. We have lived separate and I do not want to file my taxes with him I plan on filing for divorce within the next month. My question is do I qualify to file alone as Head of Household or do I have to File Married separately and what are the differences between the two? Please Help. 

[xmasbaby0 · Accepted solution]

If you have lived apart from your spouse for at least the last six months of 2025 you could file as Head of Household.    If you have income of your own from working and have had custody of the children then you can file Head of Household and get the child-related refundable credits like child tax credit and earned income credit, as well as the childcare credit if you paid someone to take care of your children so you could work.   If you file married filing separately you are not eligible for earned income credit or the childcare credit, and your standard deduction is less.   Head of Household is better for you.

Am I Head of Household?

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-filing-status/qualify-head-household...

• What is a "qualifying person" for Head of Household?

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-person-claim-head-house...

[xmasbaby0]

And....just to add.....If your soon to be ex spouse files first and claims the children on a tax return, your own e-file will be rejected.    To prevent that from happening, get IP PINs from the IRS for the children and use them on your own tax return.

GET IP pin in order to e-file if your dependent’s SSN was claimed on another return

https://www.irs.gov/newsroom/irs-takes-steps-to-help-prevent-refund-delays-by-accepting-duplicate-de...

https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

The other remedy to an e-file rejected for duplicate use of a child's SSN is to file your own return that claims the children by mail.  Then the IRS will sort out the duplicate use of the children's SSN's.   As far as the IRS is concerned, what matters is who has had physical custody of the children.

[Marka1308]

Thank you for the information 

[Marka1308]

To add he also doesn't know or have an idea what their SSN numbers are I've always kept them he never even cared to even know who their doctors are has never taken them to a doctor dentist eye doctor anything but I will still consider it because if he was smart enough he could possibly get them from a tax agency we used many years ago.