I’m 100% disable with 4 kids, married and both my wife and I are going to school can we file?

[xmasbaby0]

What is the source of your income?  Unless you have some income from working, you will not be eligible for any of the child related credits like earned income credit or child tax credit or the childcare credit.  Do you ror your spouse receive any taxable income?  Any income with tax withheld?

[xmasbaby0]

DO I NEED TO FILE A TAX RETURN?

https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

Who has to file?

http://www.irs.gov/uac/Do-I-Need-to-File-a-Tax-Return%3F

[Carl]

Your disability status, maritial status, number of dependents and student status have nothing to do with the requirement to file. Basically, if you have *REPORTABLE* income then you're required to file. Even if that reportable income is not taxable. Basically, if you receive a tax reporting document for any income received in the tax year, then it's reportable income. But as covered in the links below you still may not need to file if the total reportable income received is under a certain threshold. What that threshold is, depends on the type of income and who paid it to you.

Be aware that not all disability pay is tax free. But if you receive disability pay from the Veterans Administration you will *NOT* receive any type of tax reporting document for that pay because it's not taxable or reportable on any tax return - ever.

[Hal_Al]

The money you hear about people getting for just filing a tax return claiming kids requires them to  have some earned income (wages or self employment). Without earned income, they are not eligible for the "refundable" Earned Income Credit or Additional Child Tax Credit.  Both credits are calculated on the amount of earned income you have. No earned income means no "refund". A small amount of earned income means a small refund. The child tax credit does not "kick in" unless you have at least $2500 of earned income.

If you are a student, over age 23, and are not claimed as a dependent by someone else (e.g. your parent) you may be eligible for the up to $1000 refundable American Opportunity (tuition) Credit. That credit is not dependent on having either kids or earned income. You must be at least a half time undergraduate student and actually paid tuition (not just had it paid by grants**). Tuition paid by loans counts as paid by you (since you have to pay that back, someday).

A child can be the “qualifying child” dependent of any close relative in the household. If you live with someone else, e.g. your parents, it may be better if they claim your child.

**If you have scholarships, there is a tax “loophole” available. The student reports all his scholarship, up to the amount needed to claim the American opportunity credit, as income on his return. That way, the parents  (or himself, if he is not a dependent) can claim the tuition credit on their return. They can do this because that much tuition was no longer paid by "tax free" scholarship.  You cannot do this if the school’s billing statement specifically shows the scholarships being applied to tuition or if the conditions of the grant are that it be used to pay for qualified expenses.

Using an example: Student has $10,000 in box 5 of the 1098-T and $8000 in box 2. At first glance he/she has $2000 of taxable income and nobody can claim the American opportunity credit. But if she reports $6000 as income on her return, he can then  claim $4000 of qualified expenses on his return.