Head of Household question...?

My husband and I seperated in June. He moved back in with his parents and I stayed in our rental house until I moved into a smaller apartment in early August. During the duration, I have taken care of both of our children on my own. What documentation will I need when I file my taxes to show my head of household status as we haven't filed for divorce?

Also, when he files, if I have filed HOH, can he file his return "married filing seperately?"

You can file as "Head of Household" since the children are with you, you are paying the bills, and you have been separated from your husband for the last six months of the year. You can not get together with your husband and spend a few days with each other because then you can not file as Head of Household. If your husband is legally separated by the court he could file as "single". If not, then he has to file "Married Filing Separately".

its best to file jointly, you will get a larger return

It is legal to file head of household if you and your spouse were seperated for the last six months of the year and the children lived with you. He will have to file married filing seperate and will have to supply your social security number.

Both of you are not allowed to file head of household unless you were seperated the last six months of the year and each of you had one of the children with you.

You have to file married file seperate - you cannot take the head of household until you are legally seperated.

HOH - is if you pay more than 50% of the expenses and have a qualifying child. Either parent can file this if it is true.

If you go to the irs web site - there are exceptions that may apply to you. However it sounds as though you will not qualify.

Your problem will be if the IRS questions the date of separation. Does your husband have *any* documentation that shows he moved in June?

You won't need any special documentation to file as head of household. If the IRS questions it, which isn't real likely, you'd have to show that the kids lived with you - sch.ool records, doctors records, something like that

Yes, he'd file as married filing separately.

You can not file Head of household.The divorce has to be final. You and your husband have to file married filing seperate or married filing jointly. It is better to file jointly so you can use the Earn Income credit.