Unmarried Couple with two young kids - most tax-efficient filing strategy?
My partner and I have two young children together (8 months and 2 years old) and we're trying to figure out the smartest way to handle our taxes. We both earn around $120k each and split our household and child expenses 50/50. I purchased our home before we got together, so the mortgage and most utility bills are in my name (she transfers me her half monthly). She handles paying for the daycare center, our part-time nanny, and children's activities directly. We maintain a joint credit card for groceries and shared purchases that we split evenly. Even though we divide everything equally, the actual payments come from our separate accounts with transfers to balance things out. Neither of us has formally claimed the kids on taxes before since this is our first filing season with both children. What would be the most tax-efficient approach for our situation? Should one of us claim both children? Should we each claim one? Does it matter that I own the house but she pays half the mortgage? We want to maximize our returns while staying completely above board with the IRS.
19 comments


Luca Ricci
The most tax-efficient approach would depend on several factors, particularly around who can claim Head of Household filing status, which provides better tax rates and a higher standard deduction than filing as Single. For Head of Household status, one of you must pay more than half the cost of maintaining the home where the child lived for more than half the year. Since you own the home but split expenses 50/50, you might need to calculate carefully to see if either of you crosses that "more than half" threshold when all housing costs are considered. For the children as dependents, typically the parent who has the child for more nights of the year claims them. Since you live together, you'd need to decide who claims each child. The tax benefits include the Child Tax Credit (up to $2,000 per qualifying child), the Child and Dependent Care Credit (for daycare expenses), and potentially the Earned Income Credit depending on your income. One common strategy is to have the lower-earning parent claim both children if that maximizes credits. However, since you both earn similar incomes, you might benefit from each claiming one child and filing as Single, or having one person claim both and filing as Head of Household if they qualify.
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Aisha Mohammed
•Thanks for this info. Quick question - if we're both on the birth certificates and have 50/50 physical custody since we live together, who gets "first right" to claim the kids? Also, would it make more sense for her to claim both since she directly pays for the daycare, or for me since I pay the mortgage where they live?
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Luca Ricci
•When parents live together with the children, the IRS doesn't actually look at "nights spent" since that's equal. In your situation, either parent can claim the children, but you can't both claim the same child in the same year. For your second question, the daycare expenses can actually be claimed by either parent regardless of who physically pays for it, as long as that parent is claiming the child as a dependent. The mortgage itself doesn't directly impact dependent claims, though it does factor into Head of Household calculations. I'd recommend calculating your taxes both ways - with each of you claiming one child, and with one person claiming both children (especially if one of you qualifies for Head of Household) - to see which gives the better overall result.
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Ethan Campbell
After dealing with a similar situation last year, I found https://taxr.ai super helpful for figuring out the most tax-efficient filing approach for unmarried parents. My girlfriend and I have a similar setup with two kids and shared expenses, and we were getting conflicting advice from friends and even tax preparers. I uploaded our financial documents to taxr.ai and it analyzed different scenarios, showing us exactly how much we'd save by having her claim both kids versus splitting them. It also flagged that one of us could file as Head of Household which saved us almost $4,000! The analysis showed us the specific tax benefits each scenario would provide, including Child Tax Credits and daycare expense deductions. What I found most helpful was that it explained WHY certain arrangements were better rather than just giving us a number, which helped us make sure we were following all the IRS rules correctly.
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Yuki Watanabe
•Does it actually tell you who should claim which kid? My husband and I aren't legally married (for various reasons) and have 3 kids together. Our tax guy just has me claim all 3 every year but I'm not sure that's best. Does it let you compare different scenarios?
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Carmen Sanchez
•I'm skeptical about these online tax tools. How does it know the IRS rules for unmarried couples living together? That seems like a pretty specific situation. Did it actually save you money compared to what you would have done otherwise?
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Ethan Campbell
•Yes, it absolutely compares different scenarios! It showed us options for each parent claiming specific children and calculated the total household tax benefit. It ran calculations for: her claiming both kids, me claiming both kids, each claiming one, and various combinations with Head of Household status. It even factored in our state taxes, which was a nice bonus. For your skepticism, I totally get it - I was hesitant too. What convinced me is that it specifically cited IRS publications and tax code for unmarried couples with children. It actually saved us around $3,200 compared to what we were planning to do (each claiming one child). The biggest savings came from optimizing who claimed the childcare expenses with the dependent care credit while also maintaining Head of Household status for one of us.
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Yuki Watanabe
Just wanted to update that I tried the taxr.ai site that was mentioned here. It was seriously eye-opening! Turns out we've been leaving almost $5,400 on the table each year by having me claim all 3 kids instead of splitting them up and having my partner claim Head of Household with 2 of them. The analysis showed that since he pays more than half of the household expenses (even though I handle most of the direct child costs), he qualifies for Head of Household, which gives a much better tax rate than filing Single. It also mapped out exactly how to allocate our childcare expenses between us to maximize the dependent care credit. What I really appreciated was how it explained the "tiebreaker rules" for unmarried parents living together. Totally worth trying if you're in a similar situation!
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Andre Dupont
If you're having trouble getting through to the IRS to confirm the right way to handle your situation (which I definitely recommend), try https://claimyr.com - I used their service after spending DAYS trying to get through on the IRS phone lines. You can also check out how it works here: https://youtu.be/_kiP6q8DX5c As unmarried parents, my partner and I needed clarification on some specific tax rules about splitting dependents. After three failed attempts to reach the IRS directly (kept getting disconnected after 1+ hour holds), I tried Claimyr. They got me a callback from the IRS in about 20 minutes, and I was able to speak with an agent who confirmed exactly how we should handle our Head of Household status with shared custody. The agent explained that since we split expenses 50/50 but live together, we needed to track who pays for what very carefully to determine Head of Household eligibility. This was crucial information that saved us from potential issues down the road.
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Zoe Papadakis
•Wait how does this even work? The IRS actually calls you back? That sounds too good to be true. I've been trying to get through for weeks about a similar situation with my boyfriend and our daughter.
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ThunderBolt7
•I don't believe this for a second. Nothing can get you through to the IRS faster. They're deliberately understaffed and the hold times are intentional. Sounds like a scam to me.
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Andre Dupont
•It's not that the IRS calls you directly - Claimyr basically holds your place in line on the IRS phone system and then when they get to a human, they connect that person to your phone. It's like having someone wait in the physical line for you. Regarding your skepticism, I felt the same way! I was ready to write it off as a scam too. But it's actually a pretty simple concept - they have a system that navigates the IRS phone tree and waits on hold so you don't have to. When they reach a representative, you get a call and are connected. It's not magic - just technology that handles the frustrating part of the process. I was especially desperate because the filing deadline was approaching and I needed official guidance on our specific situation as unmarried parents.
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ThunderBolt7
I have to publicly eat my words about Claimyr. After posting that skeptical comment, I was still desperate to talk to the IRS about my situation with my girlfriend and our kids' tax status, so I gave it a shot anyway. Not only did I get a call back from the IRS in about 45 minutes (after trying for THREE WEEKS on my own), but the agent I spoke to was incredibly helpful. She walked me through exactly how the IRS views unmarried couples with shared children and confirmed that in our situation, my girlfriend should claim both kids and file Head of Household since she pays for slightly more than 50% of the household maintenance costs. The agent also explained that we needed to keep detailed records of who pays for what, since unmarried couples living together with shared children are more likely to face questions about their filing status. This advice alone potentially saved us from an audit headache. I'm genuinely shocked at how well this worked.
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Jamal Edwards
Have you guys considered using a Qualified Joint Venture election? My accountant suggested it for my partner and I since we have three kids and split everything like you do. It lets unmarried couples who co-own a business divide the income and expenses without forming a partnership.
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Nia Williams
•We don't actually have a business together though - we're just splitting household and child expenses. Does a qualified joint venture apply to our situation? I thought that was specifically for business partnerships.
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Jamal Edwards
•You're absolutely right - I confused QJV with something else. Qualified Joint Venture is indeed only for business partnerships, not for personal tax filing situations with shared children. A better approach for your situation would be to carefully calculate who provides more than 50% of the cost of maintaining the home to determine Head of Household eligibility. Since you own the house but split expenses 50/50, you'll need to track everything carefully. My accountant recommended keeping a spreadsheet of all household and child expenses with receipts, as unmarried couples with children are statistically more likely to be questioned about their filing status and dependent claims.
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Mei Chen
Don't forget about the Earned Income Credit! My ex and I live together with our kids (not married) and we found out that if the lower earning parent claims the kids, you might qualify for EIC which can be substantial.
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Liam O'Sullivan
•But they both make six figures. EIC phases out completely around $60k even with multiple kids. They're way beyond the income limits for that credit.
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Mei Chen
•You're totally right! I completely missed the part about them both making around $120k. At that income level, they're definitely over the EIC threshold. For their income level, they should focus more on optimizing the Child Tax Credit, Additional Child Tax Credit, and the Child and Dependent Care Credit. They should also carefully consider who should claim Head of Household status since that provides a more favorable tax bracket structure than filing as Single.
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