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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16559
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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Girl born 17 Dec 2012. Husband and wife divorced Feb 2013.

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Girl born 17 Dec 2012. Husband and wife divorced Feb 2013. Husband is NOT biological father of girl, but carried all costs until DNA tests accepted by court 24 Jan 2013 established he was not the father. Court ordered "married filing jointly" for FY 2011 and 2012. Ex-wife is stating that girl born 17 Dec 2012 is NOT dependant. Ex-husband reading of IRS regs re "married filing jointly" thinks girl IS dependant for 2012. Not for 2013 or later.

Is girl born 17 Dec 2012 to ex-wife and another man an IRS dependant for 2012? Mother (ex-wife) is married filing jointly with ex-husband for 2012 (court ordered).
Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

Thank you for your question, and thanks for using JustAnswer.com. Yes, if the child did not provide over 1/2 of her own support, and she's a natural child of the wife, then the child is a dependent for tax purposes in 2012. The ex husband is correct - the baby girl can be claimed on the 2012 joint returns of the husband and wife.

Please let me know if you need anything additional. Thanks again for using JustAnswer.com and have a great night.

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You should be aware that your question, as with most tax questions, can never really be answered completely...addressing all the permutations; that is because of the many assumptions that have to be made I have done my best to determine what I think you are asking and answering it in the most direct and understandable manner possible. If, however, after reviewing the questions, you have any uncertainties or further questions, please do not hesitate to ask.

Megan C and other Tax Specialists are ready to help you
Thank you for the positive rating. Please come back and see me next time you have a question. It was a pleasure working with you today. I hope you have a great night.
Customer: replied 3 years ago.

Okay, the new Husband (married end of Feb 2013) can claim girl born 17 Dec as deduction/dependent for 2012 tax year?

Until DNA tests were submitted and accepted 24 Jan 2013, separating wife claimed "she did not know" who father was. In Indiana the husband is the presumed father of any child born in a marriage.

Thank you for your follow up. The ex husband is still the father, he still provided for the baby. He can claim the child as a dependent on his 2012 tax returns.

Thanks again for using JustAnswer.com and have a great day.

** Please take a moment to rate my response as "Excellent" so that I may receive credit for assisting you today. Please let me know if my assistance was anything less than "OK Service", as I am compensated based on whether or not I have assisted you with your issue. If you need further clarifications, PLEASE WAIT TO RATE MY ANSWER UNTIL AFTER RECEIVING FOLLOW UP FROM ME. If I receive anything less than OK Service, I do not get paid. Thank you for your kind understanding in this matter. If you have difficulties rating, then simply respond stating that you are having difficulties rating and thank me for my excellent, good, or ok service and we can get the rating applied by the site. This answer is not financial or legal advice, and must not be used as such. For financial and legal advice, please contact a local professional.*


You should be aware that your question, as with most tax questions, can never really be answered completely...addressing all the permutations; that is because of the many assumptions that have to be made I have done my best to determine what I think you are asking and answering it in the most direct and understandable manner possible. If, however, after reviewing the questions, you have any uncertainties or further questions, please do not hesitate to ask.

Megan C and other Tax Specialists are ready to help you
Thank you again for the positive rating. Please come back and see me next time you have a question. It was a pleasure working with you today. I hope you have a great afternoon