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February 15, 2021
Question

My husband and I are filing married separately due to student loan payments. He will be claiming both children since he had an FSA. Do I add them as dependents too?

  • February 15, 2021
  • 1 reply
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Would he also claim the stimulus received for both of them? Basically am I filing just for me? Or do I need to add the children as well?

1 reply

February 15, 2021

Only your spouse would enter the dependents on his tax return if he is claiming them as dependents while filing married-separate. He would be entitled to the stimulus payments for them on his tax return.

 

You need to be aware the you cannot receive a dependent care credit or education credit if you file married-separate. Also, you may pay more tax that way, so you may want to think your decision over.

 

You could file as married-joint and use the injured-spouse status to shelter your refund from garnishments belonging to your spouse. Here is some information on that:

 

 https://ttlc.intuit.com/community/accessing/help/how-do-i-file-form-8379-injured-spouse-allocation/00/26228

 

 

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