Solved

Can someone who is not legally the father of my kids, continue to claim me & my children? Even if we're no loner living with eachother? Even if we filed married jointly?

Forum|Forum|6 years ago
June 1, 2019
2 replies
0 views

No text available

Best answer by bwa

Well we didn't know the person who first did his income taxes put me and him down as married filing jointly.

Did you sign the return? If not, it wasn't a valid return as both husband and wife must consent to a joint return. However, if they were his step-children and lived with him more than 1/2 of the year, he still may be eligible to claim them in that year. He may just have to file married filing separately if you do not consent to a joint return.

For subsequent returns, are you referring to years you are separated, or separated and divorced?

B

bwaAnswer

Well we didn't know the person who first did his income taxes put me and him down as married filing jointly.

Did you sign the return? If not, it wasn't a valid return as both husband and wife must consent to a joint return. However, if they were his step-children and lived with him more than 1/2 of the year, he still may be eligible to claim them in that year. He may just have to file married filing separately if you do not consent to a joint return.

For subsequent returns, are you referring to years you are separated, or separated and divorced?

A

ag432Author

Yes I signed the return 2 years in a row. And I'm referring to as just a few months of not living together anymore. We never got married through court/legally

B

bwa

Your post is a little confusing. Were you married and filed a joint return? If so, he would claim you and the children (and, in effect, you would claim him and the children) on that joint return. Is that what you're asking about, or are you asking about a subsequent year that you and he were not married, or that you, he and the children did not live together?

If you didn't file a joint return, he can't claim the kids (his stepchildren) if they did not live with him more than 1/2 of the year. If they did, there are special rules as to whether you or he would claim the children.

A

ag432Author

Well we didn't know the person who first did his income taxes put me and him down as married filing jointly. So my question is, after that happening. And him and I no longer together. If he has the right to just go and continue to claim me and my kids?