common law and taxes?

Question

me and my b/f have lived with each other for a yr and a half he was telling me that he was going to file me and my son(not his kid) this yr on his b/c his sis had told him that we would get more back is this true?

Answer 1

First of all, I work for H&R Block, so I'm not just spouting stuff I don't know about. Unless you are married to him, he cannot claim your son. The law changed last year and even if he totally supported both of you (you don't work outside the home I presume), he can claim you but not your son. Alot of guys in your situation got hit with this last year. There is a question that has to be answered. The question is: Is the child the qualifying child of someone else. This question has to do with relationship, not support. He is YOUR qualifying child, and even if you are not filing a return, no one who is not related to your son by blood or marriage can claim him as a dependent. Basically, no one gets to claim him. I know it sucks because he supported him and should be able to claim him, but the IRS just got sick of people claiming kids that weren't related to the taxpayers. Too many sticky situations.

You can check with your state to see if they have common law marriage. If so, you can file jointly with him (if that's what you want) and you will be married in the eyes of the law. But, I wouldn't base marrying someone on getting back more money on a tax return. If you file jointly and things don't work out, you will have to get a divorce. If your state does not allow common law marriage, then you cannot file jointly.

He should be able to file Head of Household (the child does not have to be his dependent) and claim you as a dependent, just not your son, and that will help him out.

Answer 2

You need to check your state law concerning common law marriages. There are many states that moving away from those types of marriages for that reason along with health care, etc.

Answer 3

It isn't legal if you are not married.