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Who Claims the Kids?

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GottaGo

Member
What is the name of your state? NJ
My husband and I just seperated this January and of course we have the issue of filing taxes for 2006. We are both self-employed.
We have 2 children together and I am not sure who will get to claim them, as I am adamant about filing seperately for 2006. I would like to file as head-of-household and claim both of the children.
We have not yet established legally who has custody although they are residing with me in our apartment (he rented another somewhere else), with liberal visitation with dad.
My husband's income was all put back into his business, while I supported our household. I have my own bank account and all of the check duplicates that show I paid the rent (I actually paid 10 months, he paid 2 after I gave birth in September), the gas, the electric, etc, as well as bank statements showing all of the debits from Wal-Mart, Foodtown, Acme, etc, where I purchased food and other household items. I also have checks to clothing stores where I purchased clothes and household items for our family. We did not use daycare as I work out of our home and so I cared for our children.
So, what are the deciding factors as to who will have the right in the federal govts eyes to claim these children. We both want to, but who is legally allowed to??
 


LdiJ

Senior Member
What is the name of your state? NJ
My husband and I just seperated this January and of course we have the issue of filing taxes for 2006. We are both self-employed.
We have 2 children together and I am not sure who will get to claim them, as I am adamant about filing seperately for 2006. I would like to file as head-of-household and claim both of the children.
We have not yet established legally who has custody although they are residing with me in our apartment (he rented another somewhere else), with liberal visitation with dad.
My husband's income was all put back into his business, while I supported our household. I have my own bank account and all of the check duplicates that show I paid the rent (I actually paid 10 months, he paid 2 after I gave birth in September), the gas, the electric, etc, as well as bank statements showing all of the debits from Wal-Mart, Foodtown, Acme, etc, where I purchased food and other household items. I also have checks to clothing stores where I purchased clothes and household items for our family. We did not use daycare as I work out of our home and so I cared for our children.
So, what are the deciding factors as to who will have the right in the federal govts eyes to claim these children. We both want to, but who is legally allowed to??
You cannot claim head of household. You would have had to be separated for at least the last six months of 2006 in order to do that. You would have to file married filing separately.

In a situation like yours, where both parents lived with the children all year long, the IRS tiebreaker rule (if both parents claim the children) is that the exemption goes to the parent with the higher AGI.

The two of you might really be better off filing a joint return for 2006 if you both properly made estimated tax payments. If one of you didn't, then it would probably be wiser to file separately.
 

GottaGo

Member
thanks, LdiJ.
So if it is based on the higher AGI, this ties into my other thread...will the money I received from my 401K count as part of that? If so then it would be me. If not, then it is him.
 

LdiJ

Senior Member
thanks, LdiJ.
So if it is based on the higher AGI, this ties into my other thread...will the money I received from my 401K count as part of that? If so then it would be me. If not, then it is him.
Yes...the money your received from your 401k is part of your AGI.
 

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