Can I still get a child tax credit if I didn't work at all during the year?

Ok so my husband (soon to be ex) worked and we were going to going to file jointly but now he doesn't want to and I was pretty much the homemaker and he brought home the Cash.  So can I still get the tax credit for my kids  or am I going to have to let someone else claim them?
    Cancel
    The other thing to point out is that, if you file as married filing separately, which is your only option if you lived togeher all year, your spouse will not be able to claim an earned income credit for the kids as it's not allowed for that filing status.  That's only one of the credits he will lose if filing separately so you might want to reconsider
      Cancel
      See the following for more information on Married Filing Separate.  MFS also has you paying more taxes and some deductions and credits are reduced at income levels that are half those for a joint return.
      http://www.irs.gov/publications/p17/ch02.html#en_US_2010_publink1000170777

      Married Filing Joint (even if only one spouse has income), you pay less tax, it has the highest standard deduction ($11,600 - up from 2011), and all credits you may qualify for are available.  

      Note:  Your filing status goes by what it is at the end of 2011, You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree.  If you are still married at the end of 2011 you can file as Married Filing Joint or Married Filing Separate
        Cancel
        The child tax credit is a non-refundable credit, it reduces your tax liability, if you owe no tax there is no credit.  You cannot just let someone claim your children, there are requirements to claim a child

        1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
        2. The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a full-time student and younger than you (or your spouse, if filing jointly), (c) any age if permanently and totally disabled.
        3. The child must have lived with you for more than half of the year (except for temporary absences such as for school)
        4. The child must not have provided more than half of his or her support for the year.
        5. The child is not filing a joint return for the year (unless that
        return is filed only as a claim for refund).
        6. If the child meets the rules to be a qualifying child of more
        than one person, you must be the person entitled to claim
        the child as a qualifying child.
        • This can get a little complicated if you happen to live in a Community Property state and elect to file separate returns.  Do you live in a CP state?  CP states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
        • Why doesn't he want to file jointly?  MFJ is almost always better than MFS.
        Cancel
        Contribute an answer

        People come to TurboTax AnswerXchange for help and answers—we want to let them know that we're here to listen and share our knowledge. We do that with the style and format of our responses. Here are five guidelines:

        1. Keep it conversational. When answering questions, write like you speak. Imagine you're explaining something to a trusted friend, using simple, everyday language. Avoid jargon and technical terms when possible. When no other word will do, explain technical terms in plain English.
        2. Be clear and state the answer right up front. Ask yourself what specific information the person really needs and then provide it. Stick to the topic and avoid unnecessary details. Break information down into a numbered or bulleted list and highlight the most important details in bold.
        3. Be concise. Aim for no more than two short sentences in a paragraph, and try to keep paragraphs to two lines. A wall of text can look intimidating and many won't read it, so break it up. It's okay to link to other resources for more details, but avoid giving answers that contain little more than a link.
        4. Be a good listener. When people post very general questions, take a second to try to understand what they're really looking for. Then, provide a response that guides them to the best possible outcome.
        5. Be encouraging and positive. Look for ways to eliminate uncertainty by anticipating people's concerns. Make it apparent that we really like helping them achieve positive outcomes.
        Cancel