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  1. #1
    Join Date
    Apr 2013
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    3

    Default Can You Claim Your Child as a Dependent if the Custodial Parent Receives SSDI

    Hello,

    I have a wife who has SSDI, and our daughter has SSDI through her. I was wondering if I can claim my daughter as dependent on my taxes, without effecting my wife's SSDI. I've been filing as HOH without my daughter as dependent.

    Thank you in advance.

  2. #2
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,908

    Default Re: Wife and Child with Ssdi: Can I Claim Child As Dependent on My Taxes

    If your daughter meets all the requirements to be considered a qualifying child (age, relationship, joint return, support, and residency tests) then you may claim her. This has nothing to do with qualifying for SSDI.

  3. #3
    Join Date
    Apr 2013
    Posts
    3

    Default Re: Wife and Child with Ssdi: Can I Claim Child As Dependent on My Taxes

    Thank you Bubba. Is there a limit to how much I make before my daughter/wife's SSDI gets taxed? My mother in law seems to think so.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,908

    Default Re: Wife and Child with Ssdi: Can I Claim Child As Dependent on My Taxes

    If you file a joint return then some of the social security benefit your wife receives (up to 85%) might be taxed. The formulas is: take 1/2 of the social security plus all of the other income. If that exceeds $32,000 then some of the social security will be taxable. There is a worksheet to calculate how much - to complicated to explain here. But claiming your daughter doesn't affect this. And her ss benefit doesn't enter into anything since that is not your (or you wife's) income.

  5. #5
    Join Date
    Oct 2006
    Posts
    5,977

    Default Re: Can You Claim Your Child as a Dependent if the Custodial Parent Receives SSDI

    Quote Quoting Katomonster
    View Post
    Hello,

    I have a wife who has SSDI, and our daughter has SSDI through her. I was wondering if I can claim my daughter as dependent on my taxes, without effecting my wife's SSDI. I've been filing as HOH without my daughter as dependent.

    Thank you in advance.
    If you are married, then you CANNOT file as HOH. If you have been doing that, you have been filing incorrectly. That could seriously come back to haunt you.

  6. #6
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,908

    Default Re: Can You Claim Your Child as a Dependent if the Custodial Parent Receives SSDI

    Unless they live apart. This is the problem with getting/giving tax information on a message board. Too many possibilities and never enough information for a definitive answer. Without a qualifying person, how in the world would you file HH anyway? I guess you can just name the child next to the HH filing status, but that's problematic as well. Ah, the crazy stuff people do...

  7. #7
    Join Date
    Sep 2010
    Posts
    9,946

    Default Re: Can You Claim Your Child as a Dependent if the Custodial Parent Receives SSDI

    More than living apart is necessary for a married person to be considered unmarried for HOH status.
    In addition there has to be some other qualifying person living with him (married or not) to get HOH status. No matter what his support relationship is with the daughter, if she isn't living with him (and there is nobody else), he's not a head of household.

  8. #8
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,908

    Default Re: Can You Claim Your Child as a Dependent if the Custodial Parent Receives SSDI

    Well, given that the OP is talking about claiming their own child that implied to me that they are the custodial parent - i.e. has a qualifying person, even if not claiming the dependent exemption. But you've illustrated my point that there are too many possibilities and never enough information given for a definitive answer. But SOME married people can file as HoH. The details for every qualifying fact necessary is contained in the IRS publications and instructions.

  9. #9
    Join Date
    Apr 2013
    Posts
    3

    Default Re: Can You Claim Your Child as a Dependent if the Custodial Parent Receives SSDI

    Thank you guys for your help. Just to clarify, I am living with my domestic partner ('wife') and our daughter. My wife receives SSDI and through her, my daughter receives SSDI as well. My tax guy says I qualify as HOH but was not sure if I can claim my daughter as a dependent.

  10. #10
    Join Date
    Oct 2006
    Posts
    5,977

    Default Re: Can You Claim Your Child as a Dependent if the Custodial Parent Receives SSDI

    Quote Quoting Katomonster
    View Post
    Thank you guys for your help. Just to clarify, I am living with my domestic partner ('wife') and our daughter. My wife receives SSDI and through her, my daughter receives SSDI as well. My tax guy says I qualify as HOH but was not sure if I can claim my daughter as a dependent.
    Now see, using the term "wife" in this context was misleading and caused people to give you incorrect information. She is not your wife. Yes, you can claim your daughter as your dependent.

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