Durant, OK asked in Tax Law for Oklahoma

Q: My husband is incarcerated and has no earned income, can I file mfj and claim the ctc for our kids based on my income

I filed this way for 2020 and the IRS says my advanced ctc payments are eligibility pending, did I file my return in error?

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1 Lawyer Answer
Charles Watts
Charles Watts
  • Tax Law Lawyer
  • Licensed in Oklahoma

A: You would need to have your return reviewed by a Tax law attorney or a Tax Accountant to determine if you did something in error. You also need to make sure there has not been any other returns made where the kids were claimed, such as if the kids are your step kids then the other parent may have filed, or if someone was appointed guardian over them, or has provided their care for more than half the year, etc...

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