Filing taxes: Claiming a dependent; If I am married can my father still claim me as a dependent?

Question

My husband is in the military and I live with my father whom supports me. Can my father still claim me as a dependent on his taxes if I am already married? (my husband has not claimed me on his taxes).

Answer 1

No, your father cannot claim you as a dependent. There is an exception to this rule, but your husband's income is way to high for that to apply so I won't go into it.

Your husband does not "claim" you on his tax return. You should be filing a joint return with your husband.

Your husband has a legal obligation under the UCMJ to support you if he is on active duty. If he is not doing so, contact the nearest military installation or recruiting office to get the ball rolling on that.

Answer 2

If you do not file a joint return with your husband, your father might be able to claim you as a dependent. If you are over 19 and not in school, or over 24 even if you are, and made over $3300 in 2006, then he can't claim you. Otherwise he probably can.

Answer 3

bostonianinmo is one hundred% nicely suitable. The parent that the youngster lives with is the guy who receives to declare the youngster. Paying baby help has no effect on who claims the youngster. there are certain situations the position the non-custodial parent may have the right to declare the youngster, yet on condition that the custodial parent (you) fill out the right kinds, or if a court order (which includes a divorce contract, or baby help ruling) in certain provides the tax deduction to the non-custodial parent in change for his or her paying baby help. there is not any large difference between organic mum and dad and step mum and dad in words of taxes. i assume you and your husband record a joint go back, so that you declare your daughter on that go back. in the experience that your daughter's father information his taxes first and wrongfully claims your daughter, he will initially get the deduction. this may prevent you from filling electronically. record your kinds on paper and take the deduction, comprise a letter pointing out you're the custodial parent and the youngster's father had no acceptable to declare her. The IRS will look at to work out who has the right to the deduction. they could ask you for added information, yet you purely supply them what they ask for, and they are going to procedure your go back. The IRS will chase down the youngster's father and make him pay off any refund he wrongfully recieved, plus consequences and pastime on the quantity. Plus, if he claimed the Earned earnings credit (which he may if he purely makes $15k) then he'd have that removed from his go back and he may be banned from taking the EIC back for countless years, inspite of if he qualifies interior the destiny.