Tax Blog
I am married but separated (not legally). There is part of me that wants to file married filing separate but when I do that, I lose the child tax credit. The thing is – that my husband is not my son’s father & has no rights to him. Is there a way to get around this so that I can keep my tax credit? Is it smarter to just file jointly since I only moved out 1 month ago? Please advise, thanks.
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Tax Questions & Answers
It’s EIC that you lose with MFS, not child tax credit.
If your income is less than $55000,you are still eligible as long as you claim the child’s exemption.
if you file MFS you dont lose the child tax credit….also, he cant even consider to put your child on his return becuase even if he supported the child all year….your child does not meet the tests for him to be your husbands dependent (unless your husband adopted the child).
and as state before…you will lose the EIC if you qualifed for it…if you file MFS.
You don’t lose the child tax credit if you file married filing separately, unless your AGI was over $55,000. What you lose, if you’d be eligible to take it, is the child CARE tax credit, for daycare expenses.
The fact that your husband isn’t your child’s father doesn’t matter. He’s his stepfather, which legally for tax purposes gives him the same rights as a biological father. In fact, if you lived together all year and just moved out in 2008, HE could legally claim your son as a dependent.