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Level 1
posted Apr 7, 2022 2:10:53 PM

MFS with one dependent but not separated. Custodial parent?

We are filing as MFS this year only for student loan repayment purposes. We are otherwise married, live together and our child has lived with us all of 2021. I won't be claiming the dependent this year as I am the lower earner. However, when asked if my child lived with me for most of the year, the answer is yes since he's lived with me all of 2021 (along with my husband). This then defines me as the custodial parent, which also does not seem correct. 

 

Should I just answer No to that question?

 

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1 Replies
Level 15
Apr 7, 2022 2:30:16 PM

If you are filing separate returns then only one of you should even enter anything about the child on your return.  Since you say your spouse is claiming your child then you do not even enter anything about her on your own return.  Go to My Info and delete the dependent.