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Question about Child Tax Credit.

Posted by on Jan. 2, 2013 at 6:15 PM
  • 45 Replies

Hi everyone!

I am new to this group but I have a question. I have twin boys from a previous relationship. I live with my SO we have lived together for over a year now and he supports them other than the 300 a month in child support they get from their dad a month. I have them more than half the time as well. Here are my questions

  1. Can my SO claim them on his taxes
  2. Do or should I claim them (I have no income) other than child support I am a sahm.
  3. My SO makes less than the boys dad right now his raise does not start until 2014 so is it possible that their dad has right to claim them?

I live in Pa not sure if that matters and our cs agreement is not a court order it was an agreement we had when ex was making much less. I still do not even get full amount anyhow lol!

PLEASE help if you can we should be getting W2's soon and I want to know if SO can claim head of household and put us as dependents.

ETA- I am a student but not at the moment I took off my last semester before graduating because I am 20 weeks pregnant and I do not want to stress myself out because I have a lot of other stuff going on right now like home buying, doctor appts for me,  SO, and my twins and so on. I just do not have time right now.

by on Jan. 2, 2013 at 6:15 PM
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Replies (1-10):
Euphoric
by Bazinga! on Jan. 2, 2013 at 6:32 PM

 bump

toomanypoodles
by Ruby Member on Jan. 2, 2013 at 6:45 PM

 I think if the kids are with you most of the time you claim them.  You file, regardless of wether or not you are working. 

AMBG825
by on Jan. 2, 2013 at 6:46 PM
2 moms liked this

 You're better off talking to the tax people but if you're not married, I don't believe your SO can claim you as his dependent.

jackieb2811
by Member on Jan. 2, 2013 at 6:48 PM

I have not worked in over 5 years and have not had any income in that time so I was told I do not need to file. I only had cs income in this last year so I know I have to file because of that. I just figured if SO claimed them since they live with us and he is head of household and makes more than me obviously that he would get more for them than I would. I have no idea how it works lol!

Quoting toomanypoodles:

 I think if the kids are with you most of the time you claim them.  You file, regardless of wether or not you are working. 


jackieb2811
by Member on Jan. 2, 2013 at 6:52 PM

Yes. We are going to talk to his mom and dad's tax people about it. I didn't know if becuase I do not work he was suppose to claim me or not. I know he will not get money for me or anything I am just curious as to who should or can claim my twins to get the most refund for them. I have other money saved but for their birthday in August I was planning a brithday vacation for them so I was going to use that money for that purpose! :-)

Quoting AMBG825:

 You're better off talking to the tax people but if you're not married, I don't believe your SO can claim you as his dependent.


darlingdaisy
by on Jan. 2, 2013 at 7:01 PM

 You two aren't married, and they aren't his kids.  I am  not sure he can claim them.  He is not their sole source of support since their dad does pay some in support.  It is possible for their dad to claim them.  You want to make sure he's not if you are, because you both will be audited.

Quoting jackieb2811:

Yes. We are going to talk to his mom and dad's tax people about it. I didn't know if becuase I do not work he was suppose to claim me or not. I know he will not get money for me or anything I am just curious as to who should or can claim my twins to get the most refund for them. I have other money saved but for their birthday in August I was planning a brithday vacation for them so I was going to use that money for that purpose! :-)

Quoting AMBG825:

 You're better off talking to the tax people but if you're not married, I don't believe your SO can claim you as his dependent.

 

 

lizzielouaf
by Gold Member on Jan. 2, 2013 at 7:08 PM
1 mom liked this

No he can not claim children as dependents on his tax form because they are not his biological children nor has he adopted them. He doesn't meet the qualifications to claim them.

jackieb2811
by Member on Jan. 2, 2013 at 7:13 PM

I told their dad I will be claiming them since I have them more. Last year when we went for child support I was nice enough to not make him pay the full amount. He agreed and said he would give me 2 grand for them at tax time to make up for it. I agreed to that as well. Well I only got 1100 back which I am not complaining but he said it was all he got for them I said to him it wasn't about what he got for them it was about him saying he would give me 2 grand to compensate for not fighting him on child support.

So this year I told him I will be claiming them and he knew that. I asked this question though because my siser said her DH claimed her oldest son on his taxes before they were married. I guess if SO can not that is fine I will :-). 300 a month 150 each pay (I only seem to get 138 each pay ) it does next to nothing other than pay electric bill lol! SO does support them for the most part as far as rent, food, things for school (clothes, field trips, treats for the class for holidays/birthdays) and other utilities like water.

Quoting darlingdaisy:

 You two aren't married, and they aren't his kids.  I am  not sure he can claim them.  He is not their sole source of support since their dad does pay some in support.  It is possible for their dad to claim them.  You want to make sure he's not if you are, because you both will be audited.

Quoting jackieb2811:

Yes. We are going to talk to his mom and dad's tax people about it. I didn't know if becuase I do not work he was suppose to claim me or not. I know he will not get money for me or anything I am just curious as to who should or can claim my twins to get the most refund for them. I have other money saved but for their birthday in August I was planning a brithday vacation for them so I was going to use that money for that purpose! :-)

Quoting AMBG825:

 You're better off talking to the tax people but if you're not married, I don't believe your SO can claim you as his dependent.


 


opal10161973
by on Jan. 2, 2013 at 7:22 PM

He can claim them and if he paid for any part of your classes, he may be able to claim you, too.  Since you have all lived with him more than 7 months of 2012.  I asked this same question of the CPA who was posting a couple of days ago. 

However, you should have made it clear who was going to take the tax credit on your taxes for the kids, when you decided on custody.  Your EX may think he can still claim them and might, which may result in an audit for both households.  If there is no CO or attorney having one filed with the county/state- on visitation and custody and you file, especially if it is after the EX, the IRS will likely reject yours for your EX's, as he has been the one taking the deduction for the last how many ever years. 

I would expect your EX to just take the deduction and see if he is willing to split it or give you a portion.  If there was a CO, it would show that you have custody more than 7 months and it disqualifies him.  He would need to get a notarized letter or form (the IRS has one) from you showing that you have allowed the EX to take the deduction.

mikiemom
by Ruby Member on Jan. 2, 2013 at 7:30 PM

Your SO helps pay for them and they live with you over half the time. The tax credit should be yours. However, you should have this detailed in the court order.

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