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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 585
Experience:  10 years experience
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G'day. I'd like to ask a tax question as my marriage

Customer Question

G'day. I'd like to ask a tax question as my marriage situation has changed. I recently remarried and have physical custody of my biological child (I am divorced from his father). Unfortunately, I do not have confidence in my new husband and the truthfulness of the income that he makes. With this situation, I would like to see if I am able to file married/filing separately and claim my son on my end of year taxes?
Submitted: 1 month ago.
Category: Tax
Expert:  Matthew Breecher replied 1 month ago.

Yes, you can file married separate and take our son as the deduction. That is assuming you have "primary" physical custody and not joint custody subject to alternating deductions.

Expert:  Matthew Breecher replied 1 month ago.

One issue with filing separate is that you lose 50% of some deductions. You might also lose your standard deduction is your husband is filing itemized.

Customer: replied 1 month ago.
Thank you so much for your reply and the information Sir. I have primary physical custody in the divorce decree and share joint legal custody with my ex. If I may, I would like to see what dedications I may lose if my husband files and itimized tax return and other deductions? Thank you so much for your help. Kind regards.
Expert:  Matthew Breecher replied 1 month ago.

I won't be able to provide a more detailed answer until tomorrow. I will say you will lose your standard deduction if he files itemized, which means you will only have a single dependent deduction; and you would only get 50 percent of most credits (education, child, etc.). With a little quick lookup, I can put some dollar amounts to this, but not until sometime tomorrow.

Customer: replied 1 month ago.
Good morning Sir and thank you so much for your help once again. I can't thank you enough as your information is very helpful in guiding me to the best decision. Kind regards.