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Can my husband claim my child? He is her stepfather and I have the legal right to claim her because she lived with us more than half of the year.

Forum|Forum|6 years ago
June 1, 2019
9 replies
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I worked part-time last year, my husband and I filed jointly and we claimed her. I didn't work this year because I was attending school. Her father wants to claim her but she lived with my husband and me more than half the year and my husband provided her with health insurance and handled all other expenses. Can my husband claim her?

Best answer by macuser_22

A stepchild is treated the same as a child under the tax law. If you all live together then his stepchild is the same as his own child and would be a dependent if the other conditions are met. The father could only claim the child if you released the exemption to him with a signed 8332 form, but he could not claim EIC, or child care credit - only the parent where the child actually lived more than half the year can claim those.

Also there is no reason not to file jointly this year also. Filing jointly is usually always the best way to file even if only one spouse worked.

S

SweetieJean

Why aren't you and your husband filing a Joint return?

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N-O-Author

I'm not sure. Can we? We married in 2015 so we are new to this. If we do, can we claim her?

S

SweetieJean

Yes and yes.

macuser_22

Your marital status is what you were on the last day of the tax year. If married in 2015 then you must file married - either separately or jointly. Jointly is usually always best.

But you said above, that you filed jointly last year - do you mean with your ex-spouse and not your present spouse?

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Hal_Al

It is not necessary for both spouses to have income to file as Married filing jointly.

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N-O-Author

No I was never married with my daughter's father. My husband and I married in 2015 and we filed jointly for that tax year. I was asking about filing for this tax year 2016. I thought I had to work in order to file jointly. Thank you.

macuser_22

Then by all means file jointly and claim your child.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

S

SweetieJean

No, you do not need to work to file Joint.

macuser_22Answer

A stepchild is treated the same as a child under the tax law. If you all live together then his stepchild is the same as his own child and would be a dependent if the other conditions are met. The father could only claim the child if you released the exemption to him with a signed 8332 form, but he could not claim EIC, or child care credit - only the parent where the child actually lived more than half the year can claim those.

Also there is no reason not to file jointly this year also. Filing jointly is usually always the best way to file even if only one spouse worked.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

N

N-O-Author

Thank you both, your answers were very helpful. Last question, do you all work for turbotax? 😎 Sorry, I have never used this before, just wondering who I'm talking to. Thanks again!