Would common law marriage stop child support?

[MominMass]

Let it go...You were wrong...Accept it and move on...Don't do a back and forth with him...

Why, because he likes to have the last word? He told me I am dismissed. IF this is true, then I wouldn't expect him to respond.

I admitted to being wrong and apologized. That should really be enough already, don't you think?

BTW I tried your pizza suggestions last night with some red wine. Yummy. Thankis!

 

[ceara19]

What I want to know is where these two teenagers are earning all of this money that they need the child tax credit for? Most HS students don't make enough money for the child tax credit to be any help.

 

[LdiJ]

I'm confused. These kids are already preparing to file taxes jointly so that they can get the tax credit for their child. Poster says this makes them common law married? Is that not true? Are you saying that a father still has to pay support for a child who is married?

Yes, a parent still is required to support their minor child, even if the minor child has a baby. The support is required until a court emancipates the child or the child reaches the age of emancipation according to state law.

Filing taxes together does not establish a common law marriage....at least not alone. They DO NOT live together. Living together is a major requirement to establish a common law marriage.

In fact, it would actually be illegal for these two kids to file a joint return. They are not married, either legally or under common law. She, at least, is still legally a dependent of her parents..he may be as well. The IRS would stomp all over them for that.

 

[LdiJ]

What I want to know is where these two teenagers are earning all of this money that they need the child tax credit for? Most HS students don't make enough money for the child tax credit to be any help.

EIC**************....

 

[tigger22472]

EIC**************....

Sure, in theory but as you said they can't even legally file together and if they did file and they claimed EIC at least one would be lying about the child living with them.

 

[ceara19]

EIC**************....

Since the baby's father isn't paying support (if I understood correctly) and it's doubtful the mother is making enough to actually support the child, wouldn't that make the baby grandma's legal dependent?

 

[LdiJ]

Since the baby's father isn't paying support (if I understood correctly) and it's doubtful the mother is making enough to actually support the child, wouldn't that make the baby grandma's legal dependent?

Technically yes, the baby would most likely qualify as the grandparent's dependent. However, legally the grandparent and the mother can decide between themselves who will claim the child....assuming mom is or was working....because the child lives with both of them. It would be legit either way.

However, I suspect that its dad that was working rather than mom, and that is the motivation for a mistaken belief that they could/should file together. EIC is the motive I am sure. If they WERE legally able to file together (and again they aren't) then it would not be a false EIC claim because the child did/does live with one of the people that would be on the joint return.

 

[MomTryin2Improv]

Thanks for all of the info...and sorry for the confusion. The mother and father both work part time...the father's family is trying to get the mother to file jointly with the father (which a tax lady from H&R Block said would make them common law married- shoulda known that was incorrect info) because they said it would give them a larger return that way.

Thanks again.