Dependent

5 replies
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My husband and I live in the same state but not in the same county. I have a child prior to our marriage, if my husband gave me money would I be able to claim my child as a dependent? Or would my husband?

Ask the Experts - Extension - Sept 2023

xmasbaby0

Level 15

What are you trying to do? What is this stuff about your spouse giving you money? How do you think that enables you to claim your child? If you and your spouse are legally married, you can file a joint return and the child can be claimed as a dependent on the joint return.

**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.**

PINKNation Author

Level 3

I could be mistaken, if you file taxes with a dependent doesn’t your income have to be able to support the child solely? Can we file jointly if we live separately?

VolvoGirl

Level 15

Yes you can file a Joint return even if you live apart. Joint is the best way to file. Or if you lived apart for the last 6 months of the year and have a child you can file as Head of Household.

Married filing Separate is tricky. Here's some things to consider about filing separately……

In the first place you each have to file a separate return, so that's two returns. And if you are using the Online version that means using 2 accounts and paying the fees twice.

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong. If one person itemizes deductions on Schedule A then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO! And if you are in a Community Property state it can be complicated to figure out.

And there are several credits you can't take when filing separately, like the

EITC Earned Income Tax Credit

Child Care Credit

Educational Deductions and Credits

And contributions to IRA and ROTH IRA are limited when you file MFS.

Also if you file Married Filing Separately up to 85`% of your Social Security becomes taxable right away even with zero other income.

See …….

https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-separately/00/25590