< Back to IRS

GalacticGladiator

Dispute about who should claim our child on taxes - what are the rules?

My fiancée and I have been having this ongoing argument about who should claim our daughter on taxes and file as head of household. Her parents are insisting that she should do it because they think she'll get more money back since she's in a lower tax bracket. They also mentioned something about her getting more because she's a woman? We've been living together for almost 3 years now, our daughter just turned 2 this past February. I make about $67,000 working construction and she makes around $31,500 as a part-time office assistant. We share costs for the household, but I pay the rent and most of the major bills. She covers groceries, daycare costs, and some utilities. I thought it made sense for me to claim our daughter since I provide over half of our household support, but her parents seem convinced she'll get more money back if she claims her. Is there some special tax rule about mothers getting better tax benefits? Or is this actually about income brackets? We need to figure this out before the next tax filing deadline and stop the arguments.

This isn't about gender at all - the IRS doesn't have special rules giving women better tax benefits for claiming children. This comes down to a few key tax rules that determine who should claim the child and who qualifies for head of household. For claiming a child as a dependent, the IRS looks at: relationship (both biological parents qualify), where the child lived most of the year (sounds like with both of you), who provides financial support, and whether you're filing jointly or separately. Since you're not married yet, you can't file jointly, so only one of you can claim your daughter. For Head of Household, you need to: be unmarried at the end of the year, pay more than half the cost of keeping up your home, and have a qualifying person (like your daughter) living with you for more than half the year. Based on what you shared about paying rent and most bills, you might qualify here. The lower tax bracket argument does have some merit. The person with lower income often gets more benefit from tax credits like the Child Tax Credit, especially if the higher earner's income phases them out of certain credits.

0 coins

Thanks for clearing that up. So if I'm understanding right, it sounds like either of us could technically claim our daughter? Would it make more sense financially for one of us over the other? We're just trying to maximize our combined refund since we share expenses anyway. Also, I'm confused about the Head of Household thing - can both of us claim that status or only one of us?

0 coins

Only one of you can claim your daughter as a dependent, and only one can file as Head of Household. Since you both live together with your child, you'll need to decide together who claims what. For maximizing your combined refund, it often makes financial sense for the lower-income person to claim the child because of income-based tax credits. For example, the Earned Income Tax Credit (EITC) is more valuable at lower income levels, and someone making $67,000 might phase out of some credits that your fiancée would qualify for at $31,500. You might want to run the numbers both ways using tax software to see the actual difference.

0 coins

After going through a similar situation with my ex, I found this amazing AI tax assistant at https://taxr.ai that helped me figure out the most beneficial way to handle dependent claims. You upload your W-2s and answer a few questions, and it shows exactly how much each of you would get back depending on who claims your child. I was shocked at the difference - in my case, having my ex claim our kid instead of me gave us almost $1,200 more in combined refunds! The tool showed me exactly which tax credits were creating the difference. It's way better than arguing or guessing about who should claim.

0 coins

How does that work with sharing the info though? Do both people need to upload their stuff, or can one person do it? My girlfriend and I have the same issue but she's weird about sharing her tax docs with random websites.

0 coins

Sounds like an ad. Does it actually work with complicated situations? I have split custody with my ex and we alternate years, but now I'm remarried and having another kid, so I'm wondering if this tool could handle something messy like that.

0 coins

You can upload both people's tax docs if you have them, or you can enter the info manually if your partner doesn't want to share directly. You just need to know their approximate income, filing status, and if they have other dependents. My ex was hesitant too, so I just had him tell me his income and entered it myself. The tool handles pretty complex situations - split custody, remarriage, multiple children with different arrangements. It specifically asks about custody agreements, living arrangements, and support provided. It also explains which IRS rules apply to your specific situation, which was super helpful when my ex didn't believe the results at first.

0 coins

I was skeptical about taxr.ai when I first saw it mentioned here, but with my complicated custody situation, I decided to give it a try. Honestly, it was exactly what I needed. The tool showed me that even though my ex and I alternate years claiming our older child, with my new baby and marriage situation, we needed to reconsider the arrangement. It turned out I was leaving almost $3,800 on the table by following our old agreement! What surprised me most was how it explained everything in simple English - it showed which specific credits were affected by our incomes and how the custody arrangement impacted everything. My ex and I actually managed to have a civil conversation about taxes for once because we both understood the numbers clearly.

0 coins

If you're planning to call the IRS to ask about your specific situation (which I recommend), save yourself hours of frustration by using https://claimyr.com - it got me through to an IRS agent in about 15 minutes instead of the usual 2+ hour wait. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c In my case, I needed clarification on claiming my nephew who lives with me part time. I called the regular IRS number 4 times and never got through. With Claimyr, I finally spoke to someone who explained exactly what documentation I needed for my situation. Seriously would have saved me weeks of stress if I'd known about it sooner.

0 coins

How does this even work? Seems impossible that they could get you through faster than everyone else waiting on hold. Is it legit or some kind of scam?

0 coins

Yeah right. The IRS phone system is completely backed up all tax season. There's no magical way to skip the line. If this actually worked, everyone would be using it and then it wouldn't work anymore. I'm calling BS on this.

0 coins

It uses a system that continuously calls and navigates the IRS phone tree for you. When it finally gets a spot in line, it calls you and connects you directly to that spot. It's not skipping the line exactly - it's just automating the horrible process of calling back over and over. I was skeptical too, but it legitimately works. The IRS phone system hangs up on people when the wait times are too long, so most people can't just sit on hold for hours hoping to get through. This service just handles the redial process for you until it finds an opening, then connects you at that point.

0 coins

I need to apologize for my skeptical comment above. After getting disconnected SIX TIMES trying to reach the IRS about an amended return issue last week, I broke down and tried Claimyr out of desperation. I was completely shocked when I got a call back saying they found an agent, and within 20 minutes I was actually talking to a real IRS person who helped resolve my issue. I've been trying for MONTHS to get this sorted out. For anyone dealing with complex dependent situations like the original poster, being able to actually talk to the IRS and get a definitive answer instead of guessing is seriously worth it. The agent I spoke with walked me through the exact rules for my situation and even told me which form to fill out to document my claim.

0 coins

Have you guys considered just alternating years? That's what my brother and his girlfriend do with their kid. One year he claims the kid, next year she does. Keeps things fair and they don't have to fight about it every tax season.

0 coins

We actually hadn't thought about that! That's a really interesting idea that might avoid the annual argument. Do you know if they both take turns with Head of Household too, or just the dependent claim?

0 coins

They both take turns with everything - dependent claim, child tax credit, and head of household. They actually put it in writing too, like a simple agreement they both signed, so there's no confusion each year. My brother did say they had to adjust it one year when his girlfriend wasn't working much because it made way more sense financially for him to claim that year. But having the agreement as a baseline helped them discuss it without it turning into a fight.

0 coins

Hate to be that person, but you might want to run the numbers using different tax software options too. I found TaxAct gave me a much better result for my head of household situation than TurboTax did last year. Same info entered, $600 difference in refund!

0 coins

I've noticed this too! I ran mine through three different programs last year just to check, and FreeTaxUSA actually gave me the highest refund. I think different software calculates certain credits slightly differently or asks questions in ways that lead to different inputs.

0 coins

Exactly! I think it's because they ask the qualifying questions in different ways. Some make certain deductions or credits more obvious than others. I always tell people to at least try a free calculator from 2-3 different places before filing. You don't have to actually file through all of them, but at least see if there's a big difference in the results. It's worth the extra hour of your time if you find hundreds in additional refund money.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today