Should parent who,makes the most claim the kids or the parent that makes the least?

[VolvoGirl]

Are you married?  Do you live together?  Who do the kids live with?

[lessas1996]

I made 6000 this year and my partner made over 35000 who shoudl claim 1 child to get more money on tax return

[BobB7]

You really need to try it both ways and see.

[MinhT]

If you are married, in most cases it is more beneficial to file jointly and claim your children as dependents.

If you are not married or if you decide to file as Married filing separately. it is usually more beneficial for the parent with the higher income to claim the children. However, in case that parent's income is so high to prevent him/her from obtaining the Earned Income Credit or the Child Tax Credit, then the other parent should claim the children.

The child tax credit is limited if your modified adjusted gross income is above a certain amount. The amount at which this phase-out begins varies depending on your filing status. For married taxpayers filing a joint return, the phase-out begins at $110,000. For married taxpayers filing a separate return, it begins at $55,000. For all other taxpayers, the phase-out begins at $75,000. In addition, the Child Tax Credit is generally limited by the amount of the income tax you owe as well as any alternative minimum tax you owe.

To qualify for the Earned Income tax credit, adjusted gross income must be less than $15,010 with no qualifying child, less than $39,617 with one child, less than $45,007 with two children or less than $48,340 with 3 or more children. In all cases, investment income must be less than $3,450 and you should be aged between 25 and 65 at the end of 2017. If you are married and file separately, you are not eligible for the EITC.

Edited 01.18.18  |  2:50 PM

[BobinCT]

married filing separately doesn't get EIC.

[MinhT]

Thank you @BobinCT.  I have edited my answer.

[Tessalynn16]

Not married and live together and child lives with both. Can the person who made less income claim child?

[mgns321]

why doesnt anyone ever answer this question?? ?

[mgns321]

why doesnt anyone ever answer this question ??? 

[Vanessa A]

If you are asking the question about the person making the lessor amount claiming the child, probably not.  In order to claim the child as a dependent you must pay over half of the living expenses.

  Generally, if one person is making a lot more than the other, the person making less is not likely to pay more than half of the living expenses.  If somehow, the person making less is paying more than half of the living expenses, then yes, they could claim the child.  

[mgns321]

I would say both pay living expenses equally, half and half ... from my understanding the one with higher income MAY claim children and are ALLOWED to claim children but doesn't say person making less CANNOT claim them. Also, I understand that IF BOTH claim same child ,in a tiebreaker IRS will choose the parent with higher AGI but what if both are not claiming child, only one parent is...?

[Vanessa A]

If both are paying living expenses equally, then either parent could claim the child for tax credits, but only the one with the higher AGI could claim Head of Household. 

[mbure87]

I made less only because he kept unlawfully claiming and extending unemployment and relieve the pua unemoymwnt extension. Then worked under the table the whole time with being on unemployment which he never turned in. Finally got a job on the books come December 2021.

I had regular PUA for maybe 5 6 months and started working at amazon November 17th. I claimed jordan because I've always had to provide for our child due to his father being an alcoholic drug addiction. Money for that was always more important. But since he made more he made it seem he was the bread winner n paid everything.

Anyways tax time comes and like normal I was to claim for our son. I then found text messages from him and his account with his account said he didn't do anything with my w2s mind you Matt, the father of my son who we all live together, stole my w2s and gave to the account, not my account or anyone I've ever dealt with who KNEW they were stolen and in one of his texts said well let's hurry n try to beat her to the punch. And I NEVER agreed for matt to take my w2s nor try n claim jointly ot have mine done for me.or ANYTHING. AND reading these text this guy knew exactly what was getting in to but was too worried about making a dollar than abiding by the law. His reasoning is he can play stupid like he didnt know anything but texts prove otherwise. I also NEVER gave the father of our son permission or made any agreement to claim our child and hes trying to bribe me with $2,500 which would be should be way more considering EITC, CTC, and head of household. He thinks he's entitled to everything but just never pays bills doesnt pay his truck payment doesn't by anything for son besides junk food candy and cheap generic toys which I guess for a 6yr old is better then nothing.. I just wanna know if tgis is all legal and what if anything can I do to fit this

[mbure87]

Fix* this.