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Anonymous
Anonymous asked in Business & FinanceTaxesUnited States · 3 years ago

If I'm a spouse on welfare can my husband claim my children as dependents on his tax return?

I have no other sources of income. Both children are twins aged 13. They are my husbands step children. His income is less than $35000

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  • Anonymous
    3 years ago
    Favorite Answer

    WE, the taxpayers, are supporting your children, not him. If he was supporting them as his dependents, then he could. But that is obviously not the case. Only someone providing over half the support for children is entitled to take a deduction and they have to live with him over half the year.

    I can't imagine why you can't live on 35k a year. Cut way back and you won't need us to help pay. How about getting a job, the twins are old enough to be left alone.

    I don't mind welfare for people truly in need, but it sounds like you are not reporting step fathers income when you apply for welfare. Which, by the way, is fraud. (I find it hard to believe someone earning what your family does is entitled to welfare.) They count the income of all people in the home.

    He can claim you as a deduction, you can file as a married couple and get a lower tax rate. If you aren't really married, don't call him your husband. But you still are required to report the entire household income or else it's fraud.

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  • 3 years ago

    Yes, if he meets all the other requirements and their father can't claim them.

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  • 3 years ago

    I don't know if he can claim them or not, because you haven't provided enough info to determine if he passes ALL the requried dependency tests.

    However he DOES pass the relationship test. The IRS treats "step" relationships the same as biological relationships, so being the children's step father is just like being their biological father.

    You also mentioned that the children are 13, so they pass the age test.

    So if he also passes the other tests such as residency (lived with them >50% of the year) and support (the children did not provide more than half of their own support), then he should have no problem claiming them.

    Of course since he's married he will need to either file as "married filing separately" which would cost him quite a bit in lost EIC credit, or he'll need to file a joint return with you listed as his spouse.

    Your welfare benefits don't really matter for tax purposes. If you lied about your living situation and/or income in order to qualify for welfare or failed to notify them of a change then that's benefits fraud. But a family of 4 earning less than $35k per year would probably qualify for public assistance anyway.

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  • 3 years ago

    Yes, you'd file a joint return anyway, as that would be the most advantageous to you anyway. Hopefully you are reporting his income to welfare.

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  • Anonymous
    3 years ago

    Do you live with your husband?

    If yes, did you report his income when you applied for welfare?

    If no, did he support the children in any way? If he didn't, he can't because you won't be eligible to sign the form 8332 and without it a non-custodial parent cannot claim children.

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  • Judy
    Lv 7
    3 years ago

    Yes. But did you report your household income accurately to welfare? You have a household income near 35,000 and still qualify?

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  • 3 years ago

    Yes.

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