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Tax Returns......Who should claim her?

My SO and me have been fighting about who is going to claim her on their tax returns. We're filing seperate and she was born almost a year ago, so I'm thinking we're going to get alot back. But, he works full time and I work part time and go to school full time. I'm considered a single mom still. So, should I claim her or him? I think if I claim her than we'll get more money back. Does anyone know?

Answer Question

Asked by Kenzies_momma at 4:06 PM on Jan. 9, 2009 in Money & Work

Level 2 (6 Credits)
Answers (10)
  • Doesnt matter if youre a single mom you dont get a break for that. If you are looking to get earned income credit then it depends on who made what. The most to get back for a child would be whoever made around 15-16k. That is the peak for EIC. Anything less gets less anything more gets less to. If your dh could owe taxes then that also could be incentive. Try the HR block site and compute both incomes and see who benefits more. That is usually the way judges decide it if you werent together.

    Answer by gemgem at 4:09 PM on Jan. 9, 2009

  • You can work it out both ways before you file and see who gets more back. You should also consider filing head of household. I filed single my first year after the divorce and the second year I filed head of household. I got about $1800 more in my refund as head of household.


    Answer by Madge1428 at 4:09 PM on Jan. 9, 2009

  • either way it goes you both probably will get the earned income tax credit and thats not going to change amounts no matter how much either one of you made. I dont know what it is this year but its typically 2,500 give or take a bit. Plus you get so much for just claiming her in general on your taxes. It probably wont matter who claims her you will probably get about the same back.

    Answer by Anonymous at 4:10 PM on Jan. 9, 2009

  • do a test run of your taxes before you file. go to one of the online sites and enter in all of the information (you'll do it twice for each of you since it's seperate) put her with you and him by himself, then do it with you by yourself and him claiming her. actually find out how much you will get back.

    Answer by Anonymous at 4:17 PM on Jan. 9, 2009

  • Well... a few things I would consider. Do you share money? If not -- I would say whoever will get more back gets to claim her but they give half of the "difference" it makes to them to the other person. So if you get 2k claiming her, but 1500 without -- you would give him $250. (UPFRONT) The other thing.. are you guys together? I know this is silly to some.. but my sons bio father I wouldn't let him claim because I didn't want any documentation like *HE* was the primary care for our son. I was. I was just covering my bases, I didn't want him to try to say he had primary custody. Good luck!

    Answer by Serafyna at 4:42 PM on Jan. 9, 2009

  • Go to and fill it out both ways to see what would be best. You can fill out all the questions quickly and see what would benefit you guys most.

    Answer by LolosMom at 4:46 PM on Jan. 9, 2009

  • I would talk to an accountant and see which way it would pan out for the best interest for your son

    Answer by familyadvantage at 4:46 PM on Jan. 9, 2009

  • The other mommies are right. Just run the figures online to see who gets the most back. Just because you made less doesn't necessarily mean you will get the higher EIC.

    Answer by melamommy24 at 6:04 PM on Jan. 9, 2009

  • Who pays the bulk of the bills? I would say they should get to claim her.

    Answer by Anonymous at 6:38 PM on Jan. 9, 2009

  • Someone stated that you could file head of household, but that is incorrect. The IRS is putting the brakes (more questions, more audits for this year) for those filing HOH and who get EIC. I took a class this summer from the IRS and they are making a big deal about this. If you and your SO are living together and he pays the majority of the rent/mortgage, food, utilities, etc, then he can claim head of household if he claims the child. If you are HUD assisted, then you both would be 3rd party assisted and would probably claim single, namely b/c claiming HOH wouldn't make a diff. in your refund anyway. So if all this is correct, then you would file single, claim the child and receive EIC. Just be sure and do it correctly (what you can actually document.)

    Answer by lifeasinoit at 8:01 PM on Jan. 9, 2009

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