How can I get my Common Law Husband to not be able to claim my kids & I on his income tax?

Question

I'm from Canada and have been out of the work force for 4 yrs. I have 2 kids, 1 with my Common Law Husband. I'm a stay @ home Mom & it's the hardest job I've ever done!

I have 10+ different jobs, my husband doesn't pay me a cent. I don't receive any "Family Bonus" due to his high pay. ($80000) He said 2 quit my job because he makes enough. The only income I get is child support 4 my other child but that $ is for her.

I'm in Counselling now, but is there anyway that he can't declare my kids, & I without permission? I do everything, he works but keeps & spends all the $. I feel I work too, if not harder I don't get a day off. (the house is in both our names)

In the last 5 yrs. he's received $26000 in income tax $ & has never given me a dime, especially when a lot of the things he declares are my daughter's sports that are paid by the child support I get for her.

How can he get all that $ & I get zero? He spent this yrs. tax $, $6000 already that was 4 our family, I'm so upset

Answer 1

that is truly difficult for you to be going through that, i mean just the fact that you are living with him, whether or not you are legally married to him, he has a right to give you something, i mean if he's the father of your other kid then he will have a right to claim that child on the income tax, seeing that you said that you are not working, so it'll definitely be him to claim, but i think if you file separate from him, and there are no history of him claiming that child previously, then you may be able to claim yourself and your child especially in order to get the Canada child tax, but like i said there must be no history of him claiming for you guys in the past unless, you guys are living separate which i think in this case is not the case, so if i were you i'd talk to a very very good accountant about your options here, b/c you shouldn't have to live like that at all,GL!

Answer 2

Well I think legally he could claim them because they qualify as dependents for him. You might need legal counsel to make sure.

Answer 3

If he lives with the children and the children do not provide over half of their own support, he can claim them as his dependents.  His step-child has the same tax status for him as his child.  Child support is not considered support provided by the child.

He cannot be taking tax deductions for your daughter's sports.  There is no deduction.

If you have no income, but you refuse to file a joint tax return with him, he can still claim your exemption on his separate return.  

He does not need your permission to claim the exemptions that he qualifies to take.  

From a tax perspective, if you worked you could file your own taxes and he could not take your exemption.  He could still take the exemptions for the children as long as he made more money than you.

Answer 4

If he is legally your common law husband, then he can claim both children, and can file a joint return with you if you are willing to, or since you have no reportable income, can take an exemption for you if he files as married filing separately.

How the two of you handle your finances is between you - the government (including the IRS) isn't going to get involved.

Be aware though that common law marriage requires much more than just living together.  Most states don't even recognize common law marriage, and those that do have additional requirements that vary by state.

Even if you are not common law married and just live together, he can claim the child you have together, and very possibly also claim you and your other child as dependents.

Answer 5

There is no such thing as a "Family Bonus" in the US.

You might want to post this in the "Canada" section so you can receive the appropriate help...

Answer 6

Hello, Musicfan. Obviously I cannot answer your question because I am not a Canadian soliciter. Please consult a Canadian attorney.  In the US, I have seen 'stay-at-home" parents sue for their share of the income tax refund and win. That action, obviously, strains a relationship. I do not know how Canada views "common law marriage". FYI to the "tax preparer"; federal law does not govern domestic situations; all states have jurisdiction over their own marriage laws. The federal government follows state law on common law marriages. In states that recognize common law marriages, the feds follow in tax , social security, and other administrative processes and venues.  Perhaps, music fan, you should consider divorce (yes , recognized common law marriages must seek divorce)  and ask for child support and spousal support, only through that action will you be able to meet your needs without begging. The father of the other child should be hollering very loud, for he should be the one claiming that child on his income tax. (musicifan meant being a stay at home mom was like having "ten jobs" ; she doesn't actually go to work for 10 other employers.)

Answer 7

You are saying you have a common law marriage.  Did this marriage begin here or in Canada?  If it began here and it was in a state that recognizes common law marriage, you are married for purposes of the tax return - but if not the federal government does not recognize common law marriage.  You are either married or single.  So my question to you is, have you been filing joint returns?  Or have you each filed as single filers?  Because if you are talking about how he doesn't give you any money, and you filed a joint return, the refund legally belongs to both of you.  And you should manipulate the situation so that refund checks go into a separate account of your own.  You can do direct deposit with the IRS and then figure out what you plan to give HIM!

However, it sounds like you may each be filing your own returns - which is a problem.  Because his adjusted gross income is higher than yours, he is allowed to claim the kids.

Quite honestly, I would go to a lawyer and file for divorce.  You have plenty of grounds....him going through the money and not providing for you.  If you have 10 jobs and he makes $80000 a year, he is OBVIOUSLY not providing!  No court is going to expect you to stay married and hold down TEN jobs, to make ends meet when you have a husband who is on an $80000 a year income.

He will be stuck with child support and a certain amount of spousal support will be my guess.  Don't worry about the job situation.  Sounds to me like he's going to be in a pickle once you get a lawyer.  And I would do it now.

Answer 8

Why are you with this guy?