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Child Tax

Forum|Forum|1 year ago
December 31, 2024
2 replies
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Can my common law husband claim my children as his dependents if I don't? I didn't make much this year, so he financially had to take care of them.

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Best answer by rjs

If you have a true common-law marriage that is recognized by the state, then you are legally married, the same as if you had a marriage license and a ceremony. In that case you and your husband should file as married filing jointly and claim your children as dependents on your joint tax return.

If you do not have a legal marriage recognized by the state, then the man you live with is not your common-law husband. In that case he cannot claim your children as dependents unless (a) you are not required to file a tax return and (b) either you do not file a tax return, or you file a return only to get a refund of tax that was withheld and you do not claim your children on your tax return.

X

xmasbaby0

Employee

If he the bio-dad of the children? If he is not their bio-dad, he cannot get the child tax credit, earned income credit or head of household filing status. The most he could get would be the $500 credit for other dependents for claiming them. Did you and the children live with him the WHOLE year? Please provide some details---including what you mean when you say that you "didn't make much."

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

X

xmasbaby0

Employee

And.....are you in a state that actually recognizes common law marriage?

STATES THAT RECOGNIZE COMMON LAW MARRIAGE

CO, DC, CO, IA, KS, MT, OK RI, SC, TX, UT

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

rjsAnswer

Employee

If you have a true common-law marriage that is recognized by the state, then you are legally married, the same as if you had a marriage license and a ceremony. In that case you and your husband should file as married filing jointly and claim your children as dependents on your joint tax return.

If you do not have a legal marriage recognized by the state, then the man you live with is not your common-law husband. In that case he cannot claim your children as dependents unless (a) you are not required to file a tax return and (b) either you do not file a tax return, or you file a return only to get a refund of tax that was withheld and you do not claim your children on your tax return.