[Melissia]

Me and my husband have been split for 11 years. He doesn't pay taxes, never has never will, I am now living with my fiancé and have been for the last 9 years. Can he claim my two daughters, age 13 and 8, since I don't work? If he can't then can my mother and father claim them?

[AtlantaTaxExpert]

If your fiancé provides more than half of their total support AND they lived with hom for all of 2010, then, yes, he Can claim them as dependents.

However, he CANNOT claim the $1,000 Child Tax Credit because they are NOT his children. The way to correct this for 2011 is to get married, but to do that, you must FIRST get a divorce from your husband.

[Melissia]

Done went and done the divorce because he turned into a drunk, druggie and wife beater so I don't have anything to correct FIRST

[MukatA]

Even if your fiancé meets the requirements to claim the children, this does not make him head of household and he does not get earned income credit. He only get exemption deduction of $3650.

[AtlantaTaxExpert]

Agreed; the lack of marital status is costing you both BIG time when you file.