My fiance and I are getting married on December 8 and I didn't work for 2005 and don't work didn't work this year so how should he file this year? Is it joint? I received public assistance this year and my kids dad is not supporting them ( he owes alot in child support) and never have claimed them. Even if my fiance didn't live with us the year, I know they give us the whole year because we'll be married before December 30 but can he claim my kids when we file joint only with his income?
2006-11-29 13:45:24 · 4 answers · asked by Meche 5 in Business & Finance ➔ Taxes ➔ United States
He isn't claiming your kids - you will file jointly, and you "both" will claim the children.
Make sure your divorce decree doesn't allow your ex to claim the kids.
Check to see if his income will cause taxable issues on your public assistance - I don't know how much he makes, but it can impact it.
Congratulations - I hope you two live happily ever after.
2006-11-29 13:50:11 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I assume that you are living in the US. Other countries, e.g. Canada, have different tax laws. Also, each state has different tax laws, so there may be additional issues due to your state of residence. But, for federal here are some ideas. Keep in mind that without knowing all of the details (e.g. your children's ages) one can only offer answers that *might* be correct for you, but it depends on the specifics ....
If you are legally married on December 31, 2006 you and your spouse only have two options for filing your federal income tax: (1) married filling jointly and (2) married filing separately. Because you and your husband will be on good terms with one another (BTW, Congratulations!) the two of you will likely be much better off filing jointly. Most public assistance payments are not taxable, so your income will probably not increase the taxes on your joint return. If the children lived with you for more than 6 months of 2006 and they did not provide more than one-half of their own support (e.g. they were not working and using their money to buy cloths and food) then they are your dependents. In this case, their natural father is not legally allowed to claim them (be careful, if they lived with him for 6 months in 2006 then dependency becomes an issue).
Now the tricky part .... If your joint income (remember you will be married and filing jointly) is low enough, you may qualify for EIC based on your husband's income and your dependents. (EIC is another form of public assistance for low income wage earners.) If you are near the upper limit to qualify for EIC, you might squeak under by putting some money into an IRA. This will probably take some planning on your part, so you really should go talk to a tax preparer ASAP. It could make a difference in your federal taxes. And they will know the rules for whatever state you live in and may have some useful suggestions for your state return. They should not charge you for a preliminary consultation.
2006-11-29 22:51:04 · answer #2 · answered by taxguy 1 · 0⤊ 0⤋
Assuming that your divorce decree grants you the exemption, you will file jointly with your new husband for 2006 and will claim the children on your joint return.
2006-11-29 22:14:38 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 0⤋
as long as only one person claims the children for the year anyone can so just make sure your kids dad hasn't or you can also split up the year by 6 months either way you can claim the children as long as no one else did and as long as the person has financially provided for them
2006-11-29 21:50:41 · answer #4 · answered by marion r 3 · 0⤊ 0⤋