If my husband does not work, can I claim head of household on a wage garnishment? 9 Answers as of January 18, 2011

My wages are being garnished for an old debt. My husband does not work. I was wondering if I would be considered head of household since he does not work. Thank you.

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Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
In California the only "head of household" means anything is for income tax purposes, both with the federal and State governments. As far as exemptions for debt collection are concerned, the issue is whether you are married or not . . . not whether you qualify as "head of household" under the tax law. I do not know the answer in States other than California.
Answer Applies to: California
Replied: 1/18/2011
Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
Married individual basically have two choices as to their filing status. They can filing jointly or married filing separately. There is one exception called the "abandoned spouse" rule, but since you apparently are still living with your husband this rule would not apply. As a result, you can not claim head of household filing status.
Answer Applies to: Pennsylvania
Replied: 1/16/2011
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
Yes since you are serving as the head of household.
Answer Applies to: New Hampshire
Replied: 1/15/2011
LT Pepper Law
LT Pepper Law | Luke T. Pepper
Probably not but you may be able to negotiate a resolution on the debt.
Answer Applies to: Pennsylvania
Replied: 1/15/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
This is a question of state law, but in general I would think so.
Answer Applies to: South Dakota
Replied: 1/15/2011
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