• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Marriage and claiming

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

samp27

Junior Member
State: CA

I got married on Dec 23 of 05. She has lived in TX and I live in CA. She didnt make more than 100 bux in income last year since she was a student. At the moment she still lives there. All her information except for the marriage licence is registered for TX (which she will transfer in a couple of months when she moves). Her father, who she lives with, wants to claim her. Legally, I am married, so I should say I'm married. I know we cant do both, where her father can claim her AND I can say Im married to her... so who is right? I dont mind her father claiming her either.

Thanks in advance.
 


abezon

Senior Member
Her father can claim her if she lived with him over 6 months & was a full-time student. She cannot file a joint return, so you're stuck with married separate filing status. If you file jointly, you get to claim her exemption & claim any education credits. What is your taxable income?
 

samp27

Junior Member
She has lived there for her whole life and she has been a full time student, so he will claim her. But since I'm married, I'll have to do married and seperate filing, and then her dad can claim her.

Just to get things clear since Im new at this...

Since her dad CAN claim her, and he will, the only thing I can do for myself is file married but seperate filing. And she doesnt have to do anything for taxes, since shes being claimed by her dad... correct?

Otherwise I can file jointly if her dad doesnt claim her, correct?

Taxable income is around 40.7k
 

abezon

Senior Member
Causation is the other way around -- Dad can claim her only if she doesn't file jointly with you. If your taxable income is $40,700, you'll get hammered with MFS & probably owe.

How old is she? And how much is dad's taxable income?
 

samp27

Junior Member
I'll go ahead and have her dad claim her (but i understand what your saying). So, when I file for taxes, I will put myself down as married but filing seperately, and her dad will claim her. Assuming correctly from what we've been talking about, If I do this, she will be able to be claimed by her dad and since shes always been claimed, she wont have to do anything for filing taxes. Could you let me know if this is correct?

Also, what is MFS?

By the way, thanks for this.
 

LdiJ

Senior Member
samp27 said:
I'll go ahead and have her dad claim her (but i understand what your saying). So, when I file for taxes, I will put myself down as married but filing seperately, and her dad will claim her. Assuming correctly from what we've been talking about, If I do this, she will be able to be claimed by her dad and since shes always been claimed, she wont have to do anything for filing taxes. Could you let me know if this is correct?

Also, what is MFS?

By the way, thanks for this.
MFS=Married filing separately

Yes, it can be done that way.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top