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jferrand · Feb 3, 2009, 11:08 AM

My common law husband claimed my kids on his 2007 taxes. The IRS sent a letter saying he had to pay all the money back because he could not claim the kids. I did not file taxes in 2007 and we live in Texas where they do recognize common law marriage. We sent in school records, we went to the notary where I stated that my common law husband had my permission to claim the children.

JudyKayTee · Feb 3, 2009, 12:37 PM

What is your question?

jferrand · Feb 4, 2009, 12:35 PM

Sorry, on yesterday I post a question, gave the details and forgot to ask the question. Can my common law husband claim my kids on his taxes?

this8384 · Feb 5, 2009, 10:40 AM

Unless he has legally adopted them, I don't believe he can claim them as his children. He may be able to claim them as a dependent but you won't receive a child tax credit.

twinkiedooter · Feb 5, 2009, 10:55 AM

From the IRS website:

Relationship — the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew).

Since these are your children and not his children, he cannot claim them on his taxes. He can claim you as a dependent on his taxes, but not the children unless they were placed in the home as foster children.

Domestic partners may be claimed as a dependent under the qualifying relative tests.

Now, if you were legally married he could claim everyone on this taxes you and the kids.

twinkiedooter · Feb 5, 2009, 10:57 AM

Originally Posted by this8384

Unless he has legally adopted them, I don't believe he can claim them as his children. He may be able to claim them as a dependant but you won't receive a child tax credit.

He doesn't have to legally adopt them. They just need to be his step children to qualify.

JudyKayTee · Feb 5, 2009, 11:21 AM

Originally Posted by jferrand

Sorry, on yesterday i post a question, gave the details and forgot to ask the question. Can my common law husband claim my kids on his taxes?

Do you have any type of Order concerning the children and their natural father? If you have an Order or Decree that entitles their father to claim them, no, the stepfather cannot.

If you do not you have to meet the burden of proof.

In response to your other thread, a notarized statement is meaningless to IRS in these circumstances. You have to PROVE who provides support for the children.