Tax Law (Questions About Taxes)/claiming children


I am still married to my husband, though we have been separated since last June.  We had 5 children together, all of which I claim on my taxes.  He had no income, did not support them, so will not be filed on my taxes this year - I am filing head of household.  We are living with my boyfriend and I am pregnant by him and due in October.  I know he can claim this child on his taxes, but with me and the other children living with him, would it be possible for him to file 2 of the other children on his taxes and how would he list them if he can?  Their father, when he does work, finds under the table jobs and doesn't make enough even then to provide any financial support to the children.  I plan on filing for divorce later this year, also, so expect to be divorced by next tax season.


Thanks for your question.

In filing head of household, you are claiming that you provide over half the cost of keeping up a household.  Your children are living with you in that household.  This, along with the support that you provide the children, means that you qualify for a dependency exemption for them as qualifying children.  

Since you meet the criteria to claim them as qualifying children, no one is eligible to claim them as qualifying relatives - this is the status under which he would have to claim them.

Hope this helps.

John Stancil, CPA

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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