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Returning Member
posted Feb 19, 2024 3:12:15 PM

claiming child as a dependant question.

Hello, 

 

i have a 10 yr old daughter, and prior to this past yr i filled head of household and alternated  claiming my daughter with her mom.   This past yr i got married  and this is my yr to claim my daughter. I entered the information requested to file married jointly,  there is a question that asked who my daughters legal parent is.  When i select just me , and yes she lived here all yr and yes i pay at least 50% of her expensive ( same as the last few yrs )  it then says that she doesn't qualify as a defendant.   I do not quite understand that.   how do i deal with this situation? it is better if a file married but filling separately then?  If someone can please advise on this topic that would be greatly helpful. 

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3 Replies
Expert Alumni
Feb 19, 2024 3:25:38 PM

Based on the information you provided, your daughter does qualify as your dependent.  I suggest you revisit the My Info section of your return and make sure that you have answered all the questions relating to your daughter correctly.  

Level 15
Feb 19, 2024 3:26:32 PM

You would not gain anything by filing married filing separately instead of married filing jointly. In fact there are many disadvantages to filing married filing separately. Try deleting your child and then re-entering the child. You may have answered a question incorrectly. 

Level 15
Feb 19, 2024 3:27:12 PM

You are answering something incorrectly.   If you are legally married then you and your spouse can claim your daughter as a dependent on your joint tax return.   You say the child lived with you and your spouse.     Your spouse is also now a legal parent---a step parent is a legal parent.

 

Go back through the questions in My Info again and try answering those questions again.