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Question about Child Tax Credit.

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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
Replies (41-45):
jackieb2811
by Member on Jan. 2, 2013 at 10:44 PM

Yes! We are plannig to marry May 15th 2015 though. What is a community state propery (projects lol) if so no we do not. He only pays child support no medical (they are on chip he will not add them to his insurance) no daycare they are 5 and are in prek and that is free. He doesn't buy their food or clothes for my house either SO does.

Quoting -Celestial-:

Do you plan on marrying him? Do you live in a community state property? Other then CS does the Bio dad provide for him?

Normally the only way he can claim your child is if he claims you or you file jointly.


BEXi
by on Jan. 2, 2013 at 10:45 PM

My mother claimed my kids while I lived with her. Im sure your SO could.

-Celestial-
by Pepperlynn on Jan. 2, 2013 at 10:49 PM
Community property state is where they recognize common law marriage.

You might want to file jointly. More beneficial eg. Higher standard deduction and 3 exemptions. Plus the taxes are different for MFJ.
And if you pay for any out of pocket expenses for your schooling you might have education credits.


Quoting jackieb2811:

Yes! We are plannig to marry May 15th 2015 though. What is a community state propery (projects lol) if so no we do not. He only pays child support no medical (they are on chip he will not add them to his insurance) no daycare they are 5 and are in prek and that is free. He doesn't buy their food or clothes for my house either SO does.


Quoting -Celestial-:

Do you plan on marrying him? Do you live in a community state property? Other then CS does the Bio dad provide for him?



Normally the only way he can claim your child is if he claims you or you file jointly.



Posted on the NEW CafeMom Mobile
steveshouse
by Member on Jan. 11, 2013 at 2:33 PM

No he can not claim them on his taxes as the father of the kids is still paying child support so by law, he is the only person besides yourself that can the kids. They only way he could claim them is if he is adopting them or planning to, has proof, and provided reliable "paper" proof that he has provided over half the childs support throughout the year. If he files them anyway they can audit your tax return and you could face serious fines and possible jail time.

UpSheRises
by Platinum Member on Jan. 11, 2013 at 2:35 PM

I think that should be part of your custody agreement. It was for both of my sisters...

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