I live in Arizona, which is a community property state and I am still legally married to my husband but he has not lived with me since may of 2011. He has no income because he is in prison and he will not be filing a return. I support our 2 daughters and myself and I qualify to file Head of household. My question is if I file HOH will they keep all or part of my return to pay for any debts my ex may owe, such as child support for his oldest daughter?
I don't know if this matters but I have never filed a joint tax return with him and he has never filed a return for as long as I've known him.
Also, I filed for a divorce in December of 2013 and we don't own any property of any kind.
Also, I filed for a divorce in December of 2013 and we don't own any property of any kind.
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Tax Professional Answers
Kathryn Morgan
As long as you qualify for HOH, and it definitely sounds like you do, you are not going to be liable for any of his debts. His information doesn't even appear on your return anywhere. Since you have never filed with him you will not be liable for any of his taxes at any time.
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546 weeks ago