Can i show my kids on my tax retuns even though im not claiming them. My fiance is claiming both kids. We live in the same house. Would i qualify for earned income credit

[bine22]

since you have more than one child, your fiance could claim one to qualify for head of household and you could claim a different child. You cannot divide up the deductions, exemptions, credit related to one child, but you can divide up who claims which child.

[BobinCT]

Excellent point!

[BobinCT · Accepted solution]

Assuming that you have enough income to have to file a tax return, your fiance cannot legally claim your kids unless he is their father.

[grayboy1802]

she is the mother of my kids

[BobinCT]

sorry I got the gender wrong.

[BobinCT]

If you and your finance are the parents of your kids and you all live together then only one of you can claim them for all exemptions and credits: exemption, child tax credit, child care credit, EIC, and, possibly Head of Household.  You can't split it up.

[grayboy1802]

so i should not list my kids on my tax return at all. even though i support them. Since shes claiming head of house hold and both kids?

[Opus 17]

Delete them completely.  You can get no tax benefits if you are living together with the other parent (married or unmarried) and sharing custody.  There are questions about custody and sharing dependents that only apply to parents who live apart and share custody -- by answering those questions when you live together and share custody, you can get in a situation where you improperly claim partial benefits, which will result later in letters, repayment of refund, and possibly an audit.  

If you live together with the other parent and the other parent is claiming the children then the safest thing to do is not list the children at all on your return.

[grayboy1802]

ok thank you.

[BobinCT]

But please consider the idea that bine22 posted, above