Who is supposed to claim our baby on taxes?

Hi,

I’m currently pregnant, due December 4th. I’m wondering who is supposed to claim our daughter when tax season comes around? The father and I are not married, but we do live together. We both cook for a living, however he is an executive chef while I’m a line cook- he makes twice as much as I do. I’m 26 and he is 29, and we live in Minnesota. This is both of ours first child. I am currently on MedicAid to assist with these Dr. bills. Thoughts?? Thank you!

14 Answers

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  • zipper
    Lv 6
    2 months ago

    You created this problem, now deal with it. Or get married and file a joint account for the full deduction!

  • B
    Lv 7
    2 months ago

    you are really asking who will claim 'head of household', and that would be the parent with the higher income assuming you two were living together and he was supplying needs; however, you would have to file separately as you want to keep your medicaid and not be his dependent. you should get wed and get on his insurance plan.

  • 2 months ago

    I have a very strong feeling that you don't actually qualify for Medicaid if you live together...you might want to check that out.

    Try it both ways...

  • 2 months ago

    There is no supposed to but since he makes more money than you do, he needs the write off more than you do. Tell him to claim the child.

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  • Judy
    Lv 7
    2 months ago

    You can choose who claims her as long as you can agree. If you can't agree. and you all lived together for the part of the year after she was born except for when she was in the hospital, the parent with the higher income gets the claim.

  • 2 months ago

    Either one of you can (but not both). Figure out how much you will each get each way, and then do whatever works out better for the household, and split the savings.

    If you both try to claim the child, then they will let him and not you, because he makes more.

  • Shay
    Lv 7
    2 months ago

    Either of you can claim the child.

    The person with the higher income claiming the child could also claim as HOH.  If the person with the higher income does not claim the child then they also can't claim as HOH.  (To claim HOH, you need a qualifying dependent.)

    If the person with the lower income claims the child then they can NOT claim as HOH.  To claim as HOH, you also need to be paying more than 50% of the support for the household and with the lower income, that could not be proved.  But, the person with the lower income might qualify for EIC.  (earned income credit).  

    You can use an online tax preparation program to run the numbers and see which way works out the best for your situation.  IT IS LEGAL TO DO IT EITHER WAY as long as the person with the lower income does NOT try to claim head of household.  

    • NA
      Lv 7
      2 months agoReport

      Note to all, in this scenario, unmarried parents living together, only the parent claiming the baby is eligible for EIC. The other parent cannot claim EIC, no matter how little they might make.

  • 2 months ago

    If the two of you together meet the requirements to claim the child as a dependent, and you agree which will claim the child, the law allows either to claim the child.

    In MOST cases, the parent with the higher income filing as Head of Household and claiming the child results in the lowest total tax liability.

    That said, the best way to chose is to have a tax professional, not someone in the annual pop up tax prep office, work through the numbers in your specific case.

    Update: Shay is not totally correct about providing 50% of the support. Who provides 50% of support is legally subject to a degree of interpretation.

    Let us assume one person makes $40,000 and the other makes $60,000. If the person making $40,000 contributes their entire income to supporting the household, and the person making $60,000 contributes $20,000 to the household and $40,000 to investment accounts, than LEGALLY, the person making $40,000 provided more than 50% of the support.

    That would required detailed documentation if there were an audit, but it is technically valid.

  • Eva
    Lv 4
    2 months ago

    When the child lives with both parents and they are unmarried, the higher income parent claims the child and any associated credits. He would be able to claim head of household status and you would file as single. This is to prevent the abuse of the earned income credit.

    • Eva
      Lv 7
      2 months agoReport

      Read the tie breaker rules

  • 2 months ago

    You can decide as you all live together.

    However, without knowing how much each of you make, it would be impossible to tell. There are scenarios in which you would benefit more and there are scenarios where he would benefit more.

    Unfortunately, there isn't a one-size-fits-all answer.

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