Skip to main content
March 25, 2025
Question

Step children

  • March 25, 2025
  • 1 reply
  • 0 views

I separated from my husband Dec 2024.  One of his children lives with me because he has a no contact order with the children.  Can I claim her on my taxes?

    1 reply

    March 25, 2025

    If you did not separate until December 2024----where  was your step-child living for the rest of 2024?   Was the no-contact order in effect for all of 2024?   Provide some details without any personal information.

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    March 25, 2025

    She lived with my husband and I.  The no contact order went into place beginning of December.

    March 25, 2025

    Since you are still married  your filing choices are to file married filing jointly or married filing separately.   You cannot fill as Head of Household because you did not live apart for at least six months--you were apart for only a month of 2024.   If you file MFS, you and your spouse will need to agree on which one of you claims the child---and use the tiebreaker rules if you cannot agree.

     

    TIE BREAKER RULES

     

    https://itap1.for.irs.gov/owda/0/resource/Commentary_Files_Redirect_ITA/en-US/help/tbrk09.html

     

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**