Hoh ??/

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  • gman
    Senior Member
    • Dec 2005
    • 676

    #1

    Hoh ??/

    Parents Are Seperated At The End Of Yr -- In Dec.

    Can One Parent Claim Hoh
  • jainen
    Banned
    • Jul 2005
    • 2215

    #2
    divorced or legally separated

    Not unless they are divorced or legally separated.

    Comment

    • Safire
      Senior Member
      • Jun 2005
      • 253

      #3
      With HOH, the spouse cannot have lived in the home during the last half of the year. I am not sure, but I don't believe even legal separation will overcome that rule.

      Comment

      • Unregistered

        #4
        MFS or MFJ

        Since the parents are still legally married, and have not been apart for more than 1/2 of last year, there are two options:
        1. MFS
        2. MFJ.

        What we do is attempt to talk to one of them and explain the value of filing MFJ. If it's an ugly split, MFS, but you need SSN info on the other spouse. Tell them "good luck with finalizing the divorce."

        TJR

        Comment

        • jainen
          Banned
          • Jul 2005
          • 2215

          #5
          The rule is

          >>I don't believe even legal separation will overcome that rule<<

          Technically the rule is legally divorced/separated **OR** lived apart last six months. The problem is that legal separations are practically non-existent in these no-fault days. Usually they have an inter-locutory or some other temporary/transitional status, which doesn't work for HoH.

          Comment

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