ABANDONED WIFE

[SUE A.]

I HAVE A MOTHER OF THREE WHOSE HUSBAND LEFT HER TWO WEEKS AGO AND IS LIVING IN ANOTHER STATE WITH ANOTHER WOMAN. HE REFUSES TO TAKE CALLS FROM MY CLIENT OR TALK TO HER ABOUT FILING THEIR INCOME TAXES. IT LOOKS TO ME THAT I CAN ONLY FILE HER MFS. I HATE TO SEE HER PENALIZED AVER HIS ACTIONS. MY CLIENT EARNED 15000 AND IS STRUGGLING TO KEEP THINGS GOING. IS THERE ANOTHER OPTION HERE THAT IM NOT AWARE OF THAT CAN HELP HER? APPRECIATE ANY OPINIONS ON THIS. SUE

[jainen]

>>I hate to see her penalized over his actions<<

A filing status is not a penalty. And marital relations are never defined by just one partner's actions.

Assuming she can take the standard deduction and claim the kids, her tax will be little or nothing anyway. You should have her review last year's calendar to identify days when her husband did not live with the kids, so the tie breaker rules are on her side.

[SUE A.]

>>I hate to see her penalized over his actions<<

A filing status is not a penalty. And marital relations are never defined by just one partner's actions.

Assuming she can take the standard deduction and claim the kids, her tax will be little or nothing anyway. You should have her review last year's calendar to identify days when her husband did not live with the kids, so the tie breaker rules are on her side.

THANK YOU FOR YOUR INPUT. I WAS HOPING FOR A WAY TO MAKE HER HOH BUT SHE JUST DOESNT QUALIFY SINCE THE HUSBAND DIDNT LEAVE UNTILL JANUARY OF THIS YEAR. I HAVE A PROBLEM WITH BEING TOO SOFT HEARTED WITH MY CLIENTS I GUESS. THANKS FOR ANSWERING, SUE

[michaelmars]

the problem with married filing separate is that in a case like this you don't kow if the spouse itemized or not amoung other things. if it were me I'd explainto client the issures and do hoh.

[Eli]

if it were me I'd explainto client the issures and do hoh.

How would she qualify for HoH?

Eli

[michaelmars]

i'd just do what is most advantageous and take my chance. HOH gets her the eic of over $4000 [assuming the ages of the kids qualify]

[michaelmars]

ooop i just caught that he didn't leave till 2008. sorry about that

[Julie]

In general I agree with jainen, but there is always the risk the husband has already filed and claimed the kids, or that he will itemize deductions. You need to discuss that possibility with your client. No matter how you file it, there's a chance she'll get a letter from IRS.

THANK YOU FOR YOUR INPUT. I WAS HOPING FOR A WAY TO MAKE HER HOH BUT SHE JUST DOESNT QUALIFY SINCE THE HUSBAND DIDNT LEAVE UNTILL JANUARY OF THIS YEAR. I HAVE A PROBLEM WITH BEING TOO SOFT HEARTED WITH MY CLIENTS I GUESS. THANKS FOR ANSWERING, SUE

[SUE A.]

In general I agree with jainen, but there is always the risk the husband has already filed and claimed the kids, or that he will itemize deductions. You need to discuss that possibility with your client. No matter how you file it, there's a chance she'll get a letter from IRS.

THANK YOU TO EVERYONE THAT REPLIED TO MY QUESTION. LUCKILY THE CLIENT WAS ABLE TO SPEAK TO HER HUSBAND AND HE IS SUPPOSED TO DRIVE BACK AT THE END OF THE WEEK AND FILE WITH HER. HE ALMOST HAS TO SINCE HIS W2 CAME TO HER HOME HERE IN IL. IT WILL BE ONE THAT ILL BE GLAD TO HAVE DONE AND GONE. SUE