My husband and I are gotmarried 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 claimed them. Even if my husband didn't live with us the year, I know they give us the whole year because we were married before December 30 but can he claim my kids when we file joint only with his income?
2006-12-30 09:40:22 · 1 answers · asked by Meche 5 in Business & Finance ➔ Taxes ➔ United States
Your spouse can file married filing separately or married filing jointly with you. If you were married on December 8, for tax purposes he is treated as married to you for the entire year. If the children qualify as your dependents, then he can claim them on his tax return if he files separately.
Since you received public assistance and don't mention any other income, you need to determine if the assistance payments for your children made up over half their support. If so, then they are not your, or your spouse's, tax dependents. If the children did not provide over half their support, then they are your, and your spouse's, dependents.
Even if the children were not claimed as your dependents because of the income test, they still qualify you and your spouse for the Earned Income credit if your joint taxable income is below about $38,000.
2006-12-30 10:42:47 · answer #1 · answered by ninasgramma 7 · 1⤊ 0⤋