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Spouse filed HOH and claims kids, how do I file?

My spouse and I have come to the realization that he makes the most money, so it only makes sense that he files head of household and claims both, only 2, of our children. We are not legally married as of yet. However, we both live together for the entire year. How am I supposed to file? I know I'm supposed to file single, but I'm confused on the dependents part. I should not claim the children correct? And I would imagine he files with four dependents?

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2 Best answer

Accepted Solutions
DoninGA
Level 15
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Spouse filed HOH and claims kids, how do I file?

You do not enter the children on your tax return if they are being claimed as dependents on his tax return.

View solution in original post

Spouse filed HOH and claims kids, how do I file?


@tristanrose wrote:

So on my W-4, I would just fill out personal information and sign, correct? And on his, he would claim both dependents? If he claims me as a dependent, can I still file?


What you enter on your W-4 that you give to your employer to have federal taxes withheld from your wages has no bearing whatsoever on the Filing Status you enter your tax return.

 

To claim you as a dependent you would have to meet all the Qualifying Relative requirements, which include that you lived in the same home for the entire year and that your gross income in 2024 was under $5,050 and they provide over one-half of your support.  If your gross income is greater or you provide over one-half of your own support then no one can claim you as a dependent.  And yes, if he is able to claim you as a dependent you can still file a tax return but will have to indicate on your tax return that you can be claimed as a dependent.

 

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $5,050 (social security does not count) in 2024
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse with the following exception -
You can claim a person as a dependent who files a joint return if that person and that person’s spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid.

View solution in original post

4 Replies
DoninGA
Level 15
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Spouse filed HOH and claims kids, how do I file?

You do not enter the children on your tax return if they are being claimed as dependents on his tax return.

Spouse filed HOH and claims kids, how do I file?

So on my W-4, I would just fill out personal information and sign, correct? And on his, he would claim both dependents? If he claims me as a dependent, can I still file?

Spouse filed HOH and claims kids, how do I file?


@tristanrose wrote:

So on my W-4, I would just fill out personal information and sign, correct? And on his, he would claim both dependents? If he claims me as a dependent, can I still file?


What you enter on your W-4 that you give to your employer to have federal taxes withheld from your wages has no bearing whatsoever on the Filing Status you enter your tax return.

 

To claim you as a dependent you would have to meet all the Qualifying Relative requirements, which include that you lived in the same home for the entire year and that your gross income in 2024 was under $5,050 and they provide over one-half of your support.  If your gross income is greater or you provide over one-half of your own support then no one can claim you as a dependent.  And yes, if he is able to claim you as a dependent you can still file a tax return but will have to indicate on your tax return that you can be claimed as a dependent.

 

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $5,050 (social security does not count) in 2024
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse with the following exception -
You can claim a person as a dependent who files a joint return if that person and that person’s spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid.

Spouse filed HOH and claims kids, how do I file?

Thank you so much!!

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