Ok, so the rules changed and unless you are married then your boyfriend/fiance cannot claim your children, right? So, let's say we get married mid november, maybe december. When taxes roll around will he be able to claim my children then? Or does a certain amount of time have to pass after being married? And the children's father will NOT claim them. That's not a problem. Thanks for your help.
2007-09-30 17:42:40 · 5 answers · asked by kendra9_15_2005 2 in Business & Finance ➔ Taxes ➔ United States
The person who provided over half the support can claim the exemption provided other tests are met. Assuming you had custody of the children and got married before the end of the year, you could file a joint return with your new husband and claim the children unless someone else is entitled to them. As a rule, IRS requires a written release or Form 8832 from the parent with custody to allow the non-custodial parent to claim the exemption.
2007-09-30 17:48:18 · answer #1 · answered by Anonymous · 1⤊ 1⤋
If you get married by the end of the year, even if it's on Dec 31, then you can file a joint return for the year and claim the child together. If you file as married filing separately, then yes, the new stepfather could claim the children rather than the mother, since he'd be legally related then (doesn't have to adopt the kids) but filing a joint return would almost surely result in lower tax overall.
2007-09-30 18:39:09 · answer #2 · answered by Judy 7 · 3⤊ 0⤋
See table 5 on page 10 pub 501
http://www.irs.gov/pub/irs-pdf/p501.pdf
To be a qualifying child.
If he marries you before the end of the year your children will be his step children. Step children count so he passes the relationship test.
If the children are under 19, 24 if full time students, or any age if permanently and totally disabled then the age test is passed.
If the children live with him more than half the year, the residency test is passed.
It doesn't matter who provides more than half the children’s support unless it is the child, the support test is passed.
If the children’s father or anyone else can’t claim them then the qualifying child test is passed.
The above rules are true regardless of whether you file jointly or separately. Jointly usually results in a lower tax liability or larger refund.
2007-10-01 13:19:31 · answer #3 · answered by Charlie & Angie G 4 · 1⤊ 0⤋
The two most important dates in a year is:
Dec 31st - Your martial status. Even if you got married on that date, you can filed married filing jointly.
April 15th - Usually the due date to file your income taxes.
2007-10-03 05:29:54 · answer #4 · answered by Gary 5 · 0⤊ 0⤋
If you are not married, you must file as single. You don't have the choice (unless you live in a common law state). If the mother doesn't have any income she cannot file (or yes she would file separately). Even if she can file, she wouldn't get any money from the stimulus package as you filed her as a dependent.
2016-05-17 22:26:23 · answer #5 · answered by ? 3 · 0⤊ 0⤋