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taxes with so husband in jail with a nco plus a ve

beachangel83
beachangel83
So tax season is upon us and hes in jail with a no contact order we have a son and if I file married filing seprately ilose the child credit and earned income credit and I cant file jointly if we're not allowed contact with each other so I dont know what to do

Now the vent: in discussing the tax situation with my parents my dad starts going on about how I can file single cause my relationship with my husband is over thats done with we're not getting back together and if I had the money id already be divorced from him etc etc first off you cant file single just cause you plan to get divorced (which I dont even know if ill do yet and man the back lash from that would be Insane my family would definitely disown me) and it makes me feel so defensive and angry they expect me to divorce him and its partly because when this first happened I was very angry and didnt know there could be another option I thought "he offeneded the only choice is divorce no one stays with this kind of person" obviously I was wrong and my feelings have changed over the last few months when I realized I still love ny husband and aside from his offense(s) which I am not downplaying believe me I am sick over it but he himself is an awesome person loving caring thoughtful sweet its all been so confusing but I cant imagine not having him in my life in some way for the rest of my life but I'd lose everyone else this is so distressing for me on a daily basis im very depressed but anyway if anyone knows what I should do with taxes please let me know thank you
ThoughtAsWeak
ThoughtAsWeak
You are still married; so regardless of no contact order or not, you can still file jointly. But you can also consult a tax specialist for any questions. You could also file married, filing single (if you haven't resided with each other for more than 6 months).
As far as leaving your husband, that should be yours and yours alone. It's hard when you have family involved trying to tell you what to do. I had my parents for months push me into leaving. I had to cut them out of my life for a period to set boundaries. They finally backed down and agreed this was my decision, and if they wanted to be in our lives, they would have to respect my decisions.
If you decide to stay, you may have to do the same. They are probably going off the misinformation about the recidivism rates for SO's. That your hub has a less likelihood of reoffending than any other crime. Show them studies from independent sourcese to prove this to them. That may help, or it may not, but all you can do is try.
beachangel83
beachangel83
My father is someone who you cant tell anything to hes a victim of molestation and also he is absolutely convinced that all so's will reoffend amd classifies them all as pedophiles so I dont think there'd be sny bringing him around they already didnt like him when we were first together because they considered him a loser cause he worked at a gas station but anyway I fear the consequences of whatever I do
klw9653
klw9653
I would definitely consult a tax specialist. Don't know how long there's been no contact, but maybe you could file head of household.
lwayne
lwayne
I just read up on the options the other day on the IRS website. You ARE able to file single if your husband has been out of your home and incarcerated for at least 6 months. I do think you have to file a special form though. Look on the IRS site, there is lots of information.
tsmom2012
tsmom2012
can you still file married and joint if he is in prison?
lwayne
lwayne
Tsmom, I am not sure about, but I would assume you could. You would probably just have to mail the completed tax form to him for signature before mailing it out. I would give a tax preparer a call in order to get your question answered correctly.
faeryedark
faeryedark
Yes, talk to a tax preparer, for what to do, and what will give you the best results moenywise
ThoughtAsWeak
ThoughtAsWeak
I talked to my tax preparer, and we can still file married. Since I have POA I can sign for both of us.
Kali1970
Kali1970
I have been doing taxes for 20 years and am a part owner of 10 tax offices. If your husband was out of your house the last 6 months of the year then you can file as Head of Household and claim your son for EIC and CTC. If not, then your choices are MFS or MFJ. Can you get a POA for you husband? If so, then he can give you permission to act on his behalf for tax purposes and you can file jointly. You can also do the 6 month extension if you think he'll be out by October 15.

If anyone wants to ask me any tax questions, feel free to inbox me. I'm working a minimum of 14 hours a day right now, so I can't guarantee I'll get back to you in a timely manner, but I'll try.