Avs19
Level 7

Hi,

Here's what happened,

The primary taxpayer earns $150000 a year. The spouse earns $18000 a year. She has 2 kids, he has 1. They filed MFJ for the last 3 years. In February of 2022, the spouse moved out of the house into an apartment with her 2 kids. She got a loan from a friend so that she could support the 3 of them. They did not get a divorce. Since they lived seperately for the last 6 months of the year and supported the children living with them, they should both qualify for HOH. The spouse will qualify for EIC. The snag is that in March of 2023 they moved back in with eachother and will possibly file MFJ in 2023. 

Is it too risky to file HOH in 2022 for the both of them?

Thanks

0 Cheers