Can my new husband (married 2018) and I file 'married filing jointly' if he claims a dependent child from a previous marriage?

[mixedemotions395]

My husband and I married in 2018, and he has always claimed one of his two children (from a previous marriage) as a dependent, which is part of his divorce agreement. Are we able to file jointly if the child he is claiming as a dependent is not my child?

[KrisD · Accepted solution]

Yes, that would not interfere with you both filing together as Married Filing Jointly. Be sure you claim the child properly if he is the non-custodial parent. The interview questions in the "My Info" section of TurboTax, if answered properly, will claim the child properly.