Seperated but not divorced

[RickyF]

I live in New Mexico.  I have not filed taxes in 3 years.  My wife and I have been separated and going through a divorce during this time.  We own a house together that she lives in.  I have had full custody of our children since September of 2021. I do not have access to her financial status, filing status or any other status for that matter.  I don't even know if she received the government child credits during the pandemic. 

I don't know how to proceed with taxes.  We are not "legally separated".   Would anyone have any ideas?  Thank you.

[Vanessa A]

You would need to file Married Filing Separately.  You will need to enter the information you have.  If you enter that the stimulus was not received for the kids and she actually received it, then the IRS would just make an adjustment to your return.  

The stimulus payments were generally direct deposited if that's how you received your refunds in the past.  

If you do not have her Social Security number you will need to print and mail your return as you won't be able to e-file without it even as Married Filing Separately.  

Also, if she itemizes expenses, you must itemize.  So, if at all possible, it would be a good idea to try to speak to her about these things.  If not, you will just need to mail your return.  If they need to change anything, they will send you a letter. 

[RickyF]

Thank you so much.  I appreciate it.  

[Mike9241]

see a tax pro. you have not filed for 3 years.   the iRS could grab any refund due you to offset what they think you may owe and then place liens on any property you own.