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Old 02-02-2011, 12:23 PM
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Who Can My Husband Claim?

Hi, In the begining of January my husband and I seperated.. There were no legal documents of our seperation but he had moved out while we figured things out. I was in the begining of my pregnacy and filed for medicaid because I didnt have insurance. We had a one year old which lived with me during our seperation as well. He paid all the bills and living expenses and I told Medicaid this. The end of August we decided we could make our marriage work with some work and he moved back in. In Sept. we welcomed our second beautiful baby girl. My question is can he claim the three of us, as in our two daughters and myself.? Someone told me since I had gotten Medicaid and we were seperated he couldnt, even though he paid all of our bills and living expenses. Thank you in advanced for your help. I dont want to end up owing the goverment or getting in any kind of trouble.



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Old 02-02-2011, 01:14 PM
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bkarma4life:

If you were married and living together as husband and wife on December 31, 2010, you are considered to be married for tax purposes. The choices you and your husband have in those circumstances are to file a joint return or to file separate returns (as Married Filing Separate). Normally Married Filing Joint is a better option in these circumstances, in which case the two of you can claim both children as dependents.

A spouse can never be claimed as a dependent. Your husband also cannot claim the children if he chooses to file a separate return, because they did not live with him for more than half the year and you lived together at some point during the last six months of the year.

Reference IRS Publication 17.



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Old 02-02-2011, 02:09 PM
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Okay. Great! Thank you so much. I didnt work so I guess we will be filing the jointly. So, it doesnt matter that we seperated during some of the year? And, since I wont be filing a seperate tax return, he can claim the kids.?



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Old 02-02-2011, 02:33 PM
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“My question is can he claim the three of us, as in our two daughters and myself.? He paid all the bills and living expenses ------>In general, couples that decide to live separately should have some form of a legal separation agreement. If you are a custodial parent under a court order( I mean if your state recognizes your legal separation) , then those two kids are your depends not his; the custodial parent is the term that is used for the parent that has primary physical custody of a child. Typically the child resides with the custodial parent throughout the year . Then you, as a custodial parent, gets the exemption. However, IRC Sec. 152(e) provides a special rule that allows the custodial parent to release to the noncustodial parent the right to claim the designated child as a dependent. This, in turn, allows the noncustodial parent to claim certain tax breaks associated with the child, i.e., Child tax credit. So, he can only claim them if he either has a court order saying that he can, or if you, the custodial parent of the children, signs a form 8332 and gives it to him saying that he can claim them. He doesn't get to claim them for paying support and carrying their medical insurance.



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Old 02-02-2011, 02:55 PM
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We never had any legal seperation papers drawn up.. So, would I still need to sign those papers? I didnt work ( so I wouldnt claim them) and we are still married and together now since August 2010..



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Old 02-02-2011, 03:10 PM
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“We never had any legal seperation papers drawn up.. So, would I still need to sign those papers?”-----> Needless to say, it is up to you; however, legal separation is the solution when you’re neither married nor divorced. As he has already moved out, I guess you need to consider making it legal( by filing your legal documenatation) to protect yourself concerning child custody and support, taxes, and any new debts or etc. that might be incurred. It can also help form a basis for negotiating your eventual divorce settlement.



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