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Can I claim my son if my wife claimed him last year?

The government is going to take my wife's refund this year and I want to know if 1) I can claim my son and 2) if they will take all of the refund from her including what we would get for my son.
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Accepted Solutions
Hal_Al
Level 15

Can I claim my son if my wife claimed him last year?

if you are married and living together, and filing as Married filing separately, either of you may claim the child. You are not locked into who claimed him last year.

Yes, they will take everything from her separate return. There is no allocating of her refund, based on the child based credits or deductions.

You can file as Married Filing Jointly, and submit form 8379 , injured spouse allocation, to keep them from taking your refund to satisfy her debt.

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2 Replies
Hal_Al
Level 15

Can I claim my son if my wife claimed him last year?

if you are married and living together, and filing as Married filing separately, either of you may claim the child. You are not locked into who claimed him last year.

Yes, they will take everything from her separate return. There is no allocating of her refund, based on the child based credits or deductions.

You can file as Married Filing Jointly, and submit form 8379 , injured spouse allocation, to keep them from taking your refund to satisfy her debt.

Can I claim my son if my wife claimed him last year?

Are you in a Community Property State?
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