Skip to main content
Level 2
January 5, 2021
Solved

I have a child from a previous relationship. My ex and I alternate years claiming him. It is my year to claim him. I am now married and don’t know whether to file jointly or married but separate

  • January 5, 2021
  • 5 replies
  • 51 views
No text available
Best answer by xmasbaby0

Yes---you and your spouse can claim your child on your joint return.  A step-parent has the same rights to claim a child as the bio-parent.

5 replies

Level 15
January 5, 2021

If you file married filing separately you give up  some child-related credits--not a good idea.

 

 

If you were legally married at the end of 2020 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,800 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separately

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Level 2
January 5, 2021

Thank you for the response! So I am confused still. If I file jointly with my husband can I claim my child from the previous relationship on our return this year? 

xmasbaby0Level 15Answer
Level 15
January 5, 2021

Yes---you and your spouse can claim your child on your joint return.  A step-parent has the same rights to claim a child as the bio-parent.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Level 15
January 5, 2021

96% of married couples file joint - because the tax laws motivate it.  You would have to have a real good financial reason to file married-separate.  because of the child benefits you lose, it normally doesn't work to your advantage.