Anonymous wrote:You actually are legally head of household. I don't see what the problem is.

Agree. You are the head of the household.

You actually are legally head of household. I don't see what the problem is.

HE is the one being shellfish...not providing for his kids.

I would have told him at the beginning of the tax year, so he could have adjusted dedications/saved accordingly.

Springing it on him, after you've apparently filed a particular way for a couple of years, is less than ideal.

File HOH and then take your tax return check and hire a divorce lawyer.

If he is not paying child support, he doesn't deserve the exemptions. He is also trying to coast on your over-payment. He will owe if you don't claim HOH or both of you will owe if you file jointly. He is trying to get you to pay part of his tax obligations. YOU aren't the one being selfish; he is being both selfish and unreasonable.

It sounds like HE can't afford divorce.

From what you are posting, you can afford divorce just fine.

If you're living apart and you're handling everything for the kids, what makes the divorce unaffordable? You're already divorced except on paper!

Can't you get an uncontested divorce?

If he is crazy then U NEED to go down that road

OP here. Thanks. He doesn't pay anything; neither of us can really afford divorce at this point, plus he is crazy so I'd like to not go down that road anytime soon.

Get divorced.

If you pay 100% of everything and he doesn't contribute a penny as you say then I think you can file.

Get divorced so this is separate.

He needs to change his deductions. His argument is unfair (that he'll have to pay if you claim HOH. You would have to pay as well if you hadn't already OVERpaid in your deductions). You should definitely claim HOH. Unless he is paying some sort of huge child support payments, I can not understand how he could even think he deserves the deductions. Is he paying anything?

Does he pay any child support? If not, I would file hohh and get a divorce...

we are legally married, but haven't lived together for 2 years. 2 DCs I pay 100% of mortgage, daycare, groceries, utilities, clothes, activities etc…he sees them every other weekend.

I get a large refund if I file HoHH, but he owes since he can't claim any exemptions - I offered to pay 1/2 of his liability year, since it is short notice.

we owe if we file jointly.

He is very angry and making all kinds of (nonviolent) threats, because I am "screwing him" but I think offering to pay some of his liability is generous and it would be stupid of me to give up a large refund so he doesn't have to pay.

FWIW I make almost 2x what he does, but since everything is on me have very little disposable income.

I guess i am just wondering what other people have done or would do in this situation.