Income and Marital Status

[Stott]

What is the name of your state (only U.S. law)? Texas

1st question. Can someone(Flower) who is non-married and her boyfriend claim taxes together and claim their own child and Flowers 2 children? Do they have to be legally married before this is done?

2nd. Can Flower if, filing taxes on her own, be able to file taxes when she did not work, and rcvd SSI for half the year? What would be able to file or claim?

3rd. Could Flower's ex claim their 2 children with or without her permission? Or before she had a chance to?

Thank you very much. This is very confusing any help would greatly be appreciated.

 

[TinkerBelleLuvr]

What does Flower's court order state about who can claim the children?

 

[Stott]

What does Flower's court order state about who can claim the children?

Nothing. A family attorney once said no matter what any states' CO says the IRS has their own law.
What Flower does have is a notorized letter than her & ex alternate years with both children or file one child each person per year. She has not filed taxes since her & ex seperated.
Does any of that have anything to do with her BF filing/claiming her children?

In respect to her filing alone it will correct?

 

[TinkerBelleLuvr]

Yes, we understand what the IRS rules are, but, and yes, it is a BIG but.

If the COURT ORDER states who shall claim the children, the CP must comply with said order or the JUDGE can order the CP to provide the 8332, file an amended return REMOVING the children from the tax return in question AND ORDER the CP to pay attorney fees and court fees. Or, the judge can order the CP to pay the NCP the amount that the NCP should have received as a refund if the CP had complied.

 

[LdiJ]

Yes, we understand what the IRS rules are, but, and yes, it is a BIG but.

If the COURT ORDER states who shall claim the children, the CP must comply with said order or the JUDGE can order the CP to provide the 8332, file an amended return REMOVING the children from the tax return in question AND ORDER the CP to pay attorney fees and court fees. Or, the judge can order the CP to pay the NCP the amount that the NCP should have received as a refund if the CP had complied.

A notorized letter also might qualify as a substitute form 8332...depending on the contents of the letter.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

1st question. Can someone(Flower) who is non-married and her boyfriend claim taxes together and claim their own child and Flowers 2 children? Do they have to be legally married before this is done?

2nd. Can Flower if, filing taxes on her own, be able to file taxes when she did not work, and rcvd SSI for half the year? What would be able to file or claim?

3rd. Could Flower's ex claim their 2 children with or without her permission? Or before she had a chance to?

Thank you very much. This is very confusing any help would greatly be appreciated.

TX is a state that recognizes common law marriages, therefore if Flower and her boyfriend met the qualifications to be married at common law, they could file a joint tax return. However, that would also mean that if they split up, they would have to get divorced and would be subject to community property laws.

Flower cannot file her own tax return because she has no taxable income.

Flower's boyfriend could claim Flower as a dependent and perhaps claim Flower's children as well, if they are not the qualifying children of anyone else, but Flower's boyfriend could not get EIC or the Child Tax credit for the children who are not his.

Flower's ex could claim the children, but whether or not he would end up getting in any trouble for that would depend on whether or not their notarized letter qualifies as a substitute for form 8332 and whether or not anyone else claims the children.