Can your spouse legally claim your child on income taxes? We're still married and both worked all year.?

Question

she says she is gtting 80% lmao of income tax return. can she legally do this? we were filing joint i think. whats the best way to go about this?

Answer 1

If you're filing joint it is not an issue.

Answer 2

Could you clarify what you mean by 80% lmao please?

If you are filing joint, there will be just one return for the two of you together, showing both incomes. You'd claim your child and most likely get a child tax credit. Filing joint almost always gives lower taxes than filing as married filing separately.

Answer 3

You have to choose between living with a pain in the neck, or a pain in the a**. { ^^^ I could not resist, because it must be part of your thought process.} health insurance is extremely valuable. Are you entitled to some of his retirement and retirement benefits (like the health insurance) if you hold off the divorce until he retires? {Assuming he is only cheating; and not abusing you.} - If he dies, I hope for your sake he has an insurance policy - even if a small one through work. Maybe if you can prove you paid for the house 100% you can claim to keep it, even though you put his name on it. But on the flip side, he has been supporting you {until now). [And value of the house versus the size of his paycheck will no doubt come up.] If you can negotiate with him, you are better off filing a joint return, which will reduce his tax bill, and thus yours also if you are on the hook, too. { Ask your accountant about Injured Spouse and Innocent Spouse rules and forms; and maybe get a new accountant.} The IRS really tries to just get cash for a few years before it starts asking for your home. {It was illegal of him to claim exempt, but he could have accomplished the same thing by claiming many deductions.} True, he cannot claim you as a dependent, but he could have already e-filed a joint return if he did the preparation himself. {A tax preparer would insist on your signature, though.} Don't worry about posting stuff on here. It is an anonymous source, except that a spouse can probably get into your account. Accounting degrees do not really prepare us for these situations, so figure out how to get a lawyer (preferably with some tax knowledge) and lay it out for them. Good luck.

Answer 4

She can legally claim a dependent child regardless of whether she is married or not.

If you and your spouse did not live together at any time during the last six months of 2006, and your spouse lived with the child more than you did, then she has first claim on the dependency exemption for the child. She may qualify for Head of Household filing status and get the credits available.

If you and your spouse lived together at any time during the last six months of 2006, she may still claim the child. However she cannot file as Head of Household and get the Earned Income Credit.

The best way for you to file would be to try to get her to file a joint return with you. The best way for her, if she is the one living with the child, would be to file as Head of Household if she is qualified.

Answer 5

If you're filing joint? You're both claiming the kids...

If she's filing head of household, she has to have at least one child as a dependent on her return, and that would leave you filing married but seperate return, the least favorable of all the tax categories.

I'm not sure what's going on with your marriage, but if you guys can file joint, role it all together, when the check comes it will be in both your names and then you can cash it..together...

Answer 6

No matter how you file, only 1 of you can claim your child. And if you are filing a joint return, you're only going to get one check anyhow. It's not like one of you will benefit more. Not really sure what you are asking here?

Answer 7

you married a selfish bi***

she should claim her dog on her taxes like most dog owners do