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Member
Dornbusch6
Posts: 4
Registered: ‎12-30-2013
Accepted Solution

Who should claim the kids?

My fiancé and I are trying to figure out the best way to file for 2013. He has two children from a previous marriage that he claims. We also have two kids together. One who was born in October. What would be the most beneficial way to file? Him claiming all kids or me claiming one or two? Thanks in advance!
Alumni Associate
WillMc1
Posts: 1,000
Registered: ‎12-13-2013

Re: Who should claim the kids?

Hello Dornbusch6, and welcome to The Community.

I have a few questions before answering your question.

1. Do you live together, and if so, does his children live with you?
If not, which one of you is the custodial parent of your two children?
Also if not, is he the custodial parent of his two children?
2. Which one of you has the higher income?
3, What are ages of his children and your first child?
4. If you do live with your fiancé, who pays the majority of maintaing your household (rent/mortgage, utilities, food, etc)?

This will give me a better understanding of your situation and make it easier to give an accurate answer.


WillMc1
Tax Professional (Retired)
Member
Dornbusch6
Posts: 4
Registered: ‎12-30-2013

Re: Who should claim the kids?

We live together. All the children live with us. He is the custodial parent of the older two. The ages are 10, 8, 3, 2 months. He makes way more than I do. He is the head of household. He pays the rent and majority of bills. Thank you!
Alumni Associate
WillMc1
Posts: 1,000
Registered: ‎12-13-2013

Re: Who should claim the kids?

Hello again. Thank you for responding so quickly.

Considering your fiancé makes "way more" than you I would be most inclined to suggest the following:

You file as Single claiming your own standard deduction and personal exemption.

Your fiancé files as Head of Household (assuming he meets all the criteria) and claims all 4 children as dependents as well as "qualifying children" for purposes of claiming Child Tax Credit, Earned Income Tax Credit (if eligibility requirements are met), etc. More details need to be known of course in qualifying for tax credits, but I believe this is likely to be the most beneficial scenario.

I hope it helps. Thank you for your question and good luck to you and your family.
WillMc1
Tax Professional (Retired)
Member
Dornbusch6
Posts: 4
Registered: ‎12-30-2013

Re: Who should claim the kids?

Thank you so much! This really helps! I appreciate you quick response and time!
Member
Dornbusch6
Posts: 4
Registered: ‎12-30-2013

Re: Who should claim the kids?

I just learned about this tax credit for nursing mothers, which I am, would I need to claim the child I am nursing as well?

 

http://www.irs.gov/pub/irs-drop/a-11-14.pdf

Alumni Associate
WillMc1
Posts: 1,000
Registered: ‎12-13-2013

Re: Who should claim the kids?

Hello Dornbusch6,

What that notice is referring to is not a tax credit, but an itemized deduction includable as an out-of-pocket expense paid for breast pumps and other nursing supplies used for feeding your baby as a medical expense. Medical expense deductions for 2013 must exceed 10% of your Adjusted Gross Income (AGI) before any deduction is realized. In 2013, your are allowed a standard deduction of $6,100 for a single filer. So as an example let's say your AGI is $10,000 and you paid $1,500 for your nursing mother's supplies. The only itemized medical deduction allowed in this case would be $500 (the amount of expenses paid minus the 10% of AGI: $1,500 - $1,000).

So if this would be your only itemized deduction, I would still stand by my earlier answer to be your best approach for filing your 2013 tax return(s). If your financial situation is different than we've addressed on here, you may wish to consider to talk to a Tax Professional in person (H&R Block offices open on Monday) and I would certainly encourage you to do that if this is the case.

I hope I've helped in some way. Thank you for your questions.

WillMc1
Tax Professional (Retired)