I just got married in June of this year. I have two children that my ex claims as dependents and my wife has two children she claims. My wife suggested I add her and her two kids as my dependents and

Forum|Forum|5 years ago
September 6, 2020
2 replies
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Best answer by VolvoGirl

Yes when you do your 2020 return next year you can file a Joint return and claim the kids if their father doesn't. Your wife is not your dependent. You just file a Joint return even if one spouse has no income.

Who can I claim as a dependent?

https://ttlc.intuit.com/community/credits-and-deductions/help/who-can-i-claim-as-my-dependent/00/26781

VolvoGirlAnswer

Level 15

Who can I claim as a dependent?

https://ttlc.intuit.com/community/credits-and-deductions/help/who-can-i-claim-as-my-dependent/00/26781

xmasbaby0

Level 15

Who do the children live with? If they lived with you and your spouse for at least 183 days and nights of 2020 then the two of you can file a joint tax return and claim the children as your dependents. Your wife cannot be claimed as your dependent. If you file a joint tax return for 2020 you will get the married filing jointly standard deduction of $24,800 and if you claim the children you are eligible for the child-related credits such as earned income credit, child tax credit, childcare credit and/or education credits for them.

**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.**

Carl

Level 11

You can not claim a married person as your dependent. Period. If they are married to you, then you will file a joint return with them. it does not matter if only one of you has income.

As for who claims the kids, you don't fit into that equation at all. The person the IRS defines as the "custodial parent" claims the kids on their tax return. So if your spouse is the custodial parent and you two file a joint return, the kids can be claimed on that joint return clearly identifying that the kids belong to your spouse. It doesn't change anything as far as the child tax credit goes. But it's important to understand that *YOU* *PERSONALLY* do not have any legal claim on the children. Only your spouse does. So that's why filing a joint return is most beneficial.