claiming a dependent step child?

Question

My husband & I are suppose to claim his son every-other year on our returns/which we file seperate, because his all goes to child support.
1st) since we file seprate can I claim the step son as a dependent on my taxes for EIC?
2nd) The step son (age 16) worked a summer job last yr, will he claim himself?

Answer 1

You would not have to file separate - you could file joint but file an injured spouse form which would allocate the refund between you and your husband - only his portion would be taken for overdue support.

If you file as married filing separately, you are not eligible for EIC.

If the stepson didn't provide more than half of his own support, then a parent can still claim him. If he's 16, he probably didn't make enough to provide half of his support.

Answer 2

First off, you should NOT be filing separate! You'll almost always pay far too much tax if you file separate returns. It doesn't matter where his income goes, you should still file a joint return.

Yes, as long as you have a proper multiple support agreement with the boy's mother you can claim him on opposite years.

If the boy is claimed as a dependent by another taxpayer (you and your hubby this year) he loses his personal exemption. This probalby won't matter unless he made more than $5,150 on the summer job.

If you are married, filing a separate return you CANNOT claim the EITC. One more reason that you and your husband should file a joint return!

Answer 3

you provided more then half his support, he cannot claim himself, but who ever claims the child credit gets all of the other credits, including the EIC

according to the IRS

Qualifying child of more than one person. If the child is the qualifying
child of more than one person, only one person can claim the
child as a qualifying child for all of the following tax benefits,
1. Dependency exemption (line 6c).
2. Child tax credits (lines 53 and 68).
3. Head of household filing status (line 4).
4. Credit for child and dependent care expenses (line 48).
. 6. Earned income credit (lines 66a and 66b).
No other person can take any of the six tax benefits listed above
Unless he or she has a different qualifying child.

so who ever claims one, must claim them all