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anakarend
New Member

If my boyfriend claimed our children and me as a dependent, am I entitled to the tax refund? If I am, is it illegal for him to withhold any money from the refund from me?

He is the working partner, whereas, I am the caretaker of the children(stay at home). He is threatening to claim us(not the bad part) and not letting me have any of the tax refund money(the bad part).

1 Best answer

Accepted Solutions
Opus 17
Level 15

If my boyfriend claimed our children and me as a dependent, am I entitled to the tax refund? If I am, is it illegal for him to withhold any money from the refund from me?

You are required to file a tax return if you have any income earned in your own name. If you do have income earned in your own name, then you can’t be his dependent, and there are a variety of tests that can be used to determine who should claim your children as dependents.

He also can’t claim you as a dependent unless you lived in his home for the entire year. He can’t claim your children as dependents unless they live in his home more than half the nights of the year.

However, assuming he is the only taxpayer in the household, then whatever income, deductions, dependents, and credits are on his tax return are his money.

 Each child is potentially worth a $2000 child tax credit but you would be a “other dependent“ and would be worth a $500 tax credit. 

 It sounds like you have bigger problems, actually. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

View solution in original post

1 Reply
Opus 17
Level 15

If my boyfriend claimed our children and me as a dependent, am I entitled to the tax refund? If I am, is it illegal for him to withhold any money from the refund from me?

You are required to file a tax return if you have any income earned in your own name. If you do have income earned in your own name, then you can’t be his dependent, and there are a variety of tests that can be used to determine who should claim your children as dependents.

He also can’t claim you as a dependent unless you lived in his home for the entire year. He can’t claim your children as dependents unless they live in his home more than half the nights of the year.

However, assuming he is the only taxpayer in the household, then whatever income, deductions, dependents, and credits are on his tax return are his money.

 Each child is potentially worth a $2000 child tax credit but you would be a “other dependent“ and would be worth a $500 tax credit. 

 It sounds like you have bigger problems, actually. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

View solution in original post

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