I did the first year he was in as he was sentenced in mid-year and we had a W-2. Now it is based on my income only but we still have dependent children.
Yes, you can still file a joint return will all the benefits of a joint return, as long as he willingly signs the return. That means that if you file electronically you have to have him look at the return and agree to it before you press the button to submit.
If you cannot get him to agree to a joint return, then you might qualify for Head of household status. Short term incarceration is considered a temporary leave of absence and would not qualify you for HOH, but if he's been in prison for ALL of 2009, that will not be considered "short term" and therefore is not considered a "temporary" leave of absence. You'd want to consult a tax pro with the specific s of your situation before you file HOH, but it might be allowable in your case. You're still better off to just file a joint return if your husband will agree to it.
I believe you asked a similar question before
if you file married jointly it will be necessary for you to get him to sign it and if you have a refund, to sign the check(I believe this was your problem before)
you certainly can file married separately and claim the children and be done with it
if he has no income, he won't file anyway so there should be no problem
If you have not lived together between June 30th and December 31st 2009 you have a number of options. You can still file MFJ but that would require his approval and signature. You could file MFS but normally that is a poor choice. Since you seem to have a dependent child you likely can file HoH which would give you nearly as good tax advantages as MFJ but would not require his signature.
Your only choices are to file jointly with him or MFS without him.
Prison time is generally considered a temporary absence and does not qualify you for head of household status.
As long as you are married and both spouses sign the return, married filing jointly is fine. Make sure you report his prison wages.
You can file a joint return. You and he will both have to sign it.
Yes, but only if he signs the form.
Yes, if he'll sign it.