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If the children from a prior relationship qualify as your dependents, you can claim them as dependents regardless of whether you file married joint or separate. The children do not have to qualify as your husband's dependents to claim them on a joint return.
The qualifications for a dependent are as follows:
- Relationship - Dependent should be
- Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them, or
- Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them.
- Age - Is the child under 19, or between 19-24 and a full time college student?
- Residency - Which parent lived with the child for more than half the year (or the majority of the year)?
- The child cannot be claimed as a dependent if they provided more than half of their support.
- For older children, the cannot be claimed as a dependent if they file a joint return.
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