namely the irs. they are denying my eic for a child that i have considered my grandchild for 5 yrs. my daughter is not legally married to the father but they have been together 5 yrs. The child is his by a previous marriage.
2007-05-30 16:35:55 · 8 answers · asked by lectric lady 2 in Politics & Government ➔ Government
If you're common law married, or any other kind of married, in one state, you are married in all.
The state laws are different on this, but just being together for 5 years and having a kid is not enough to have you deemed CL married in Texas, and it's extremely easy to get CL married here.
Besides, whether or not you "consider" this child your grandchild, it is not - unless your daughter legally adopted it.
2007-05-30 16:48:19 · answer #1 · answered by Catspaw 6 · 0⤊ 0⤋
Well I thought it had to be both the mother and father's biological child and they have to all live under the same roof for at least 5 years. (It changes depending on the state, it might be 7 some places.) It's not recognized in most states so I doubt the Federal government would have any jurisdiction anyway. If they're having issues, why don't they just get married? All you need to do is go to the courthouse and purchase the marriage license and I think the County clerk can do it.
Check out the language about other states recognizing common law marriages on the Wikipedia site. Maybe that will help answer your question better.
2007-05-30 16:47:55 · answer #2 · answered by Eisbär 7 · 0⤊ 0⤋
If I'm not mistaken, for you to get the EIC, no one else can claim the child as a dependent. Otherwise, the IRS should recognize Common Law. My husband & I are considered Common Law married however, we had an affidavit filed in Oklahoma so, that may have made the difference for us. My suggestion would be, to look into who else may have claimed the child as a dependent because, if you can prove that you supported the child for more than 1/2 of the year, you should get the credit.
2007-05-30 16:52:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As long as the State the two people are Common Law Married recognizes the principle of Common Law Marriage then the Federal govt. should recognize it.
2007-05-30 16:47:44 · answer #4 · answered by wildkuntry07 2 · 0⤊ 0⤋
Under the law common law marriage is not recognized not unless the previous marriage was . annuled or there is a divorce. Just being together no matter how long is still not legal .That is one of the disadvantages of being into such relationship.It doesnt have the sanctity.
2007-05-30 16:54:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
While I am not a lawyer, I believe the is as follows:
The federal government requires that states recognize other states laws. Because of this, if they were in a common law state that recognizes them as married then other states must do so as well.
Good luck!
2007-05-30 16:44:49 · answer #6 · answered by David C 3 · 0⤊ 0⤋
Yes they do. But If the child is not your daughter's you probably have little chance of claiming eic. So the problem is not common law marriage, but maternity. But you can appeal their decision.
2007-05-30 16:46:11 · answer #7 · answered by John J. S 7 · 1⤊ 0⤋
In these instances I do not believe that the law (or the right to claim EIC) would be on your side. Sorry.
I know a friend had this similar occurance w/ her common law spouse and she could not even claim on tax return!
2007-05-30 16:49:13 · answer #8 · answered by Jenblossom 6 · 0⤊ 0⤋