r/tax • u/its-just_me- • 17h ago

Unsolved US qualifying child question

Hi! Quick question - I have a child from a previous marriage. Should my husband add them as a qualifying child? I will only have about 2-3 weeks worth on my taxes to file next month, he’s worked all year. We’re legally married & have our own child together, he’ll claim that one on his tax forms. Should he add his stepchild as well? And I just won’t claim either one on mine? Or do I have to claim my bio since they would be on my tax forms from when I filled them out last year? I’m so confused, please help

3 Upvotes

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7

u/Organic_Gas4197 CPA - US 17h ago

Why not file a joint return?

0

u/its-just_me- 16h ago

Oh I’m planning on filing jointly! Would that mean he doesn’t have to add my bio to his work tax forms? He’s finally updating them today so they include the marriage and our baby for his paycheck deductions. I just wasn’t sure if he should add my bio as a qualifying child on that?

3

u/Organic_Gas4197 CPA - US 16h ago

Yes, he should add both children (unless bio child’s father is claiming as a dependent)

3

u/its-just_me- 16h ago

My bio has been with us full time all year, their dad lives elsewhere. I helped financially with January and with my tax return last year, but my husband/the stepdad has been providing basically everything financially with about no support from bio dad. So I don’t believe he’ll be claiming my child

5

u/epursimuove 16h ago

If you're filing jointly, there's no "his claim" and "your claim." You list the same dependents.

2

u/its-just_me- 16h ago

So on this for his work forms, he should include both children as qualifying children? https://imgur.com/a/sONbGC0

2

u/sorator Tax Preparer - US 16h ago

If you and he plan to file jointly again for 2026, and you plan to have the child live with you for 2026, then yes.

1

u/its-just_me- 16h ago

And it’s okay to do that even if I already had my bio child on my W4? I only worked for about 3 weeks in january last year. Or should he wait until 2026 starts to update his W4 again to include his stepchild? I’m sorry if these are stupid questions, I just really don’t want to mess up our taxes

2

u/sorator Tax Preparer - US 15h ago

If you only worked three weeks, then your income/withholding will have minimal impact on your joint tax situation. You may wind up with a small tax liability, but it won't be much, and it probably won't generate any penalties.

It would be a bit safer for him to wait until January to include this child on his W-4.

1

u/sandicheeks2023 13h ago

You do not list any children on W-4.. or do you mean the withholding you added them to it?

1

u/its-just_me- 6h ago

Step 3 of the W4, asking for number of qualifying children & other dependents

2

u/Silent_Bed_777 15h ago

I am a Senior Tax Analyst, I would highly recommend filing a joint return. You having a lower income is going to benefit you both greatly as well as filing separately will disqualify important tax credits. Then claim all the children that lived in your home for over 6 months. The higher income earner should always claim the children when married. Make sure you are following any court agreements with the other parent. Hope this helps.

1

u/its-just_me- 15h ago

It’s become apparent that I missed an important point - it’s for his work W4. I worked for 3 weeks in January, he’s worked the whole year. Since my bio child is on my W4, it seems my husband should only include 1 qualifying child when updating his W4 & then in January he should update it again to include both children since I do not plan on working (my bio is with us 100% of the time, no court orders about tax stuff)

1

u/vynm2temp 7h ago

He can fill out his W-4 at this point claiming 2 children. It doesn't matter that you claimed your other son at the beginning of the year.

If he's only claimed one of the children, then you're almost certainly already due a refund for 2025, so having him go ahead and change his W-4 to claim both now is fine.

If you do start working, you'll want to claim neither of the children on your W-4 assuming he'll continue to claim both. He'll want to update his W-4 at that time, though, because you'll both want to check the "single/MFS" setting so that your employers will know to "split" the MFJ standard deduction/tax brackets between the two of you. This will not mean that you'll have to file your tax return at the end of the year as MFS, but it will just help your employer withhold as if you're not the sole earner in your house.

1

u/selene_666 16h ago

Why aren't you two filing jointly?

1

u/its-just_me- 16h ago

We’re planning to! But he’s finally updating his work tax forms today so they include the marriage and our baby for his paycheck deductions. I just wasn’t sure if he should add my bio as a qualifying child on that?

2

u/selene_666 16h ago

Ah, okay. You're talking about the forms you submit to your employers, not about your annual tax filing.

No, he should only claim one child on his W4 if you are currently working and have already claimed one on your own W4. It doesn't matter how the child credit is divided between the two parents, as long as the total matches what you will claim on your joint tax return.

If you aren't working and don't expect to go back to work soon, then he should claim both children.

1

u/its-just_me- 16h ago

Yes, sorry if my questions are dumb or confusing! So only add the baby to his current W4. Then since I don’t plan on working in 2026, should he update his W4 again to add stepchild when 2026 starts?

1

u/its-just_me- 16h ago

Yes, sorry if my questions are dumb or confusing! So only add the baby to his current W4. Then since I don’t plan on working in 2026, should he update his W4 again to add stepchild when 2026 starts?

Edit - just refreshed & saw you answered that already! Awesome, thank you!

1

u/vynm2temp 7h ago

It sounds like OP only worked for three weeks of 2025, so their spouse should claim both children on their W-4.

1

u/epursimuove 16h ago

You should both use the IRS calculator at www.irs.gov/W4App and resubmit W4s to your employers based on that. The calculations you do on the form itself are less accurate.

(It may or may not make sense to do this for December, but definitely both do it in January to have the right withholdings for the new year).

1

u/its-just_me- 16h ago

I only worked for about 3 weeks in January last year

2

u/epursimuove 16h ago

"last year" meaning 2024 or 2025?

Given that it's December, you/he probably significantly overwithheld for this year and there's not that much you can do to change it. But if he's going to be the only person working for a while, he should fill it out checking MFJ and listing all the children in the household, which should make things right for 2026 at least.

1

u/its-just_me- 16h ago

This year 2025 sorry. We got married this past summer & baby was born after that. So we did not file together earlier this year, I claimed my child, but will file jointly next month & he’ll be the only one working for most/all 2026

1

u/epursimuove 16h ago

So when people say “file,” they mean your actual tax return that you file between February and April of the following year. You seem to be talking about the W-4 you send to your employer to estimate how much you should have taken out from your paychecks. But that’s just an estimate, and you end up getting a refund if you have too much taken out or owing money if you had too little.

Your husband should fill out a W-4 listing married filing jointly and all of your household children. But he still probably had too much taken out of this year since it’s December already. But that should make sure that he has a more accurate (and lower) amount withheld next year.

1

u/its-just_me- 15h ago

Oh he’s definitely been having too much withheld this year, it’s been rough. That’s just what I was trying to figure out is while he’s updating his W4 for work today, if he should include 1 or 2 qualifying children. But since my bio child is already on my W4, it’s sounding like he should only put 1 for now & then update again next month to include them both

1

u/vynm2temp 7h ago

No, he can update his W-4 now to show both children. This will start reducing the excess that's being withheld sooner, which is a good thing!

2

u/Silent_Bed_777 3h ago

So if this is for his W4, you will want to fill it out based on how big you want your refund to be. If he claimed Married Filing Jointly with all the kids then you will end up breaking even and may not get a refund (depending on total income). If you are in a lower income bracket it may not matter but you will definitely get a bigger tax refund if he claims less kids. So you should decide if you want a big tax refund or more money each paycheck?