Can I claim my child as a credit on tax return? without notifying the mother

Asked almost 2 years ago - San Diego, CA

Can I claim my child as a credit for tax return? I just recieve my W2 , Last year 2012 I still Live with my x wife and our child JANUARY TO AUGOST (8 MONTHS) When I was working I claimed my wife and our child for exemption. my wife wasnt working, and now shes working, we are seaprated now and we have divorce in pending , CAN I CLAIM JUST THE CHILD with out notifying Her or We just do the Filing Jointly for income tax return? or does she have right to claim the baby without notifyng me? I was the one who pay our rent in aprtment when we we live together and pay for goceries and childcare year 2012 for 8 months, now I only stayed with the baby every week of friday , saturday, sunday. The mother said shes not filing her income tax return yet, we are still married and the divorce is pending

Attorney answers (2)

  1. Amanda Marie Cook

    Contributor Level 15


    Lawyers agree

    Answered . Before you figure out dependents, you need to figure out your filing status. Since you are not divorced and lived together more than 6 months of the year, you must file married jointly or married separately. If you file jointly, the issue of dependents is resolved as you will both get the benefit. You should speak with a tax professional who can help you figure out whether it is best to file jointly or separately.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Robert Jan Suhajda

    Contributor Level 17


    Lawyers agree

    Answered . Married persons. If you are considered married for the whole year, you and your spouse can file a joint return, or you can file separate returns.
    Considered married. You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.

    1. You are married and living together as husband and wife.
    2. You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began.
    3. You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.
    4. You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced.

    Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be... more

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