MFS and CHILD TAX CREDIT

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  • peggysioux
    Senior Member
    • Sep 2006
    • 666

    #1

    MFS and CHILD TAX CREDIT

    Scenario - husband has one child from prior marriage and wife has three children from prior marriage. Husband and wife separated from their marriage in August of 2009 and are now filing MFS. Husband's income makes him ineligible for child tax credit. There is $3000 available for the four children for child tax credit if couple filed MFJ. Could wife take $3000 for child tax credit for her three children who lived with her all of 2009 being her income is eligible and she was responsible for her three children or being couple are filing MFS, she is only eligible for $1500 due to a 50/50 split and the remaining $1500 is lost on husband's return?
  • Lion
    Senior Member
    • Jun 2005
    • 4699

    #2
    1.5?

    Even Solomon couldn't split a child. How could she claim 1.5 children?! Why wouldn't she claim her three children? They do qualify, right?

    Comment

    • peggysioux
      Senior Member
      • Sep 2006
      • 666

      #3
      MFS and Child Tax Credit

      Yes, she does qualify to claim all three children, but I wanted to make sure MFS selection did not require the credit to be split 50/50.

      Thanks!!

      Peg

      Comment

      • AJsTax
        Senior Member
        • Jun 2008
        • 629

        #4
        MFS does not mean

        50/50 split on anything UNLESS (want to make sure that is visible so I don't get yelled at) you are in a community property state. You can move the children and itemized deductions around to the best benefit as long as they both paid. In this case it sounds like the three kids should be on hers totally.
        AJ, EA

        Comment

        • peggysioux
          Senior Member
          • Sep 2006
          • 666

          #5
          MFS and Child Tax Credit

          Yes, taxpayers live in community property state.

          Comment

          • Lion
            Senior Member
            • Jun 2005
            • 4699

            #6
            Income

            Then you have some community issues with income, but not with the children. Children are still not property, even in community property states!

            Comment

            • peggysioux
              Senior Member
              • Sep 2006
              • 666

              #7
              MFS and Child Tax Credit

              Good point!!

              Comment

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