My husband just ran off with his new girlfriend three weeks ago, and now he is saying he will claim her two children on his taxes this year. Obviously this is a separate issue that I can handle with the IRS however I want to know how it will affect me when I go to file for our children. I have a son it's almost one, and we lost a daughter at two months they were twins. First of all can I claim my two-month-old, even thought he was only with us for those couple months, =====>Yes aslongas you satisfy the requirements You can take an exemption for a child who dies in the year that the death occurred. This is also true for infants, even if the child lived for just a brief moment. The deceased child must meet the usual legal requirements to be claimed as a dependent on your income tax return. ;
and secondly how will it affect me if he files with this other woman, will I lose credits and deductions?=======>You may file your return as a Head of household; Taxpayers who qualify for the Head of Household filing status benefit from a higher standard deduction and wider tax brackets compared to the single filing status. The criteria for head of household status are very specific.you qualifiy for the head of household filing status if you are unmarried or considered unmarried at the end of the year, and paid more than half the cost of maintaining a home for the year, and has one or more qualifying persons who reside with you for more than half the year. To be considered unmarried, you need to be legally married and have lived in a separate residence from your spouse for at least the last 6 months of the year (7 through 12). Furthermore, you would need to file a tax return separate from your spouse, and need to meet the other two criteria for head of household relating to the Support Test and the Qualifying Person Test.
In other words, the married person would need to reside someplace separate from the other spouse for at least the last 6 months of the year, and pay for more than half the cost of maintaining their home, and have one or more qualifying persons living with them at their separate home for more than half the year