Solved: My wife and I were married in December and we have two children from previous relationships. Can my wife claim my son in addition to hers if we file separate?
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CDT1
New Member

My wife and I were married in December and we have two children from previous relationships. Can my wife claim my son in addition to hers if we file separate?

 
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xmasbaby0
Level 15

My wife and I were married in December and we have two children from previous relationships. Can my wife claim my son in addition to hers if we file separate?

A step-child can be claimed on a tax return so, yes, she could claim your child.  Why do you want to file separate returns?

If you were married at the end of 2017 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will each receive the $4050 personal exemption, plus the married filing jointly standard deduction of $12,700 (add $1250 for each spouse over the age of 65).  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable.  In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI) If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

**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.**

View solution in original post

3 Replies
DoninGA
Level 15

My wife and I were married in December and we have two children from previous relationships. Can my wife claim my son in addition to hers if we file separate?

Why would you want to file separately when you lose many tax credits and other deductions are reduced by half?
xmasbaby0
Level 15

My wife and I were married in December and we have two children from previous relationships. Can my wife claim my son in addition to hers if we file separate?

A step-child can be claimed on a tax return so, yes, she could claim your child.  Why do you want to file separate returns?

If you were married at the end of 2017 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will each receive the $4050 personal exemption, plus the married filing jointly standard deduction of $12,700 (add $1250 for each spouse over the age of 65).  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable.  In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI) If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

**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.**

View solution in original post

CDT1
New Member

My wife and I were married in December and we have two children from previous relationships. Can my wife claim my son in addition to hers if we file separate?

Thank you for the info. Yes I was looking at filing separately but was unaware of the forced itemization rule for married couples so good to know.  I will do jointly for us.  Thanks again!
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