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Saturday, June 19, 2010

Tax Question - Getting remarried have kids from previous marriage?

I%26#039;m getting remarried. If we file taxes %26quot;Married: Filing Separately%26quot; am I still able to claim child care credit for my children from a previous marriage, or do I forfeit that right? Thanks!



Tax Question - Getting remarried have kids from previous marriage?

If you%26#039;re getting remarried then once remarried you will have to file %26quot;married filing jointly%26quot; to get the child care credit. But until remarried, you should be able to file as %26quot;head of household%26quot; for the child care credit. Also, just to let you know, since I don%26#039;t know the ages of your children, the child care credit ends for that child the year that your child turns 13, but that you can take child care expenses for that year up till your child turns 13. You also should be getting the $1,000 per child tax credit, and that continues till the child turns 17. I have included a link to the instructions for the child care credit - form 2441 if you have any further questions.



Tax Question - Getting remarried have kids from previous marriage?

You can%26#039;t claim the child care credit if you file married filing separately. You will need to file a joint return.



The credit is based on income and taxes owed, which would be joint income and taxes owed for a married couple.



Tax Question - Getting remarried have kids from previous marriage?

While are you filing separately?



If you file separately, you do not receive the child care credit. It is one of the credits/deductions that are lost on separately filed return.



Tax Question - Getting remarried have kids from previous marriage?

You can still file a joint return with your new husband his income is yours. You can claim your children from your previous marriage. Either you or your ex can claim them not both of you. I also believe there is a from that your ex will have to sign that says he is not claiming the children that you are.



Tax Question - Getting remarried have kids from previous marriage?

If you file as married filing separately, you can claim the child tax credit, but NOT the child care credit - that%26#039;s not available to people filing as married filing separately. If you were formerly eligible for EIC, you can%26#039;t get that either if you file as married filing separately.



You might consider filing a joint return - then you can claim the child care credit.



Tax Question - Getting remarried have kids from previous marriage?

Never file a tax return as Married Filing Separately until you have discussed the issues with a tax professional. Most MFS filer will be greatly restricted in the credits they receive.



Tax Question - Getting remarried have kids from previous marriage?

Under M,FS, you forfeit the CTC. If you are marrying somebody who has their refund seized for a debt don%26#039;t worry. File as Married, Filing Jointly; just include a form 8379; Injured Spouse Allocation; which protects your portion of the refund from being taken for another%26#039;s debt. Then you can have EIC, CTC and the college credit if applicable.

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