Filing Status - Multi Yr Non Filer

[pikester1967]

"Client brings Multi-Years of unfiled returns to my office.

Based on following appears filing status is an issue.

• Abandoned marriage in 2005, moved from state A to State B
• Still resides in State B
• Still legally married to this day to spouse in state A.
• No divorce or seperation agreement ever put in place.
• No child involved to claim HOH.
• Does pay child support.

I'm leaning toward Single as the Filing Status. MFS could open an unwanted can of worms, not knowing if she itemized or didn't itemize.

Suggestions anyone?

[Pacun]

MFS but you will have a hard time to find her social security number and you should itemize just to be on the safe side.

Maybe she got a divorce in absentia.

[kcjenkins]

First thing is for THE CLIENT to find out the spouse's current status. As mentioned, in 9 years, she might have gotten a divorce without telling him. There are simple ways to search for legal records online, plus clearly if he's sending her child support, he knows where she is, What he CAN NOT DO is just start filing as single, much as he wants too, unless he is divorced.