Is it true that the highest wage earner in the household must claim kids on tax return?

My hubby does make the most money but spends the large majority on himself. He contrubutes very little to the household. I work and pay EVERYTHING but the rent (the ONLY) bill he covers.


Now he bragging how he gets to claim the kids on tax returns and that he will get over 6,000 so he can buy all sorts of stuff for Himself.


I want to be able to claim at least one of them so I can pay some bills!Is it true that the highest wage earner in the household must claim kids on tax return?
First of all if he lives in the same household as you he can not claim head of household. He ca only claim MFJ and MFS. If he files MFS he does not get the earned income credit.





No it is not true that the highest wage earner in the household claims the children. It depends on whose children they are, and if you are married. There are many factors that are to be considered.





Check these web sites





Any advice included in this message is based on our understanding of current tax law as it applies to the facts that you gave us.


http://www.hrblock.com/taxes/tax_calcula鈥?/a>


http://www.hrblock.com/taxes/tax_tips/in鈥?/a>Is it true that the highest wage earner in the household must claim kids on tax return?
If you file jointly, then you are both claiming the children on your joint return.





If you file separately and lived together with your husband all year, then in case of disagreement between you and your husband he has the priority right to claim them due to higher income. If you he agrees, then you can claim them instead.





If you file separately and did not live together all year, then in case of disagreement, the priority right to claim then goes to whichever of you lived with the children more during the year (not who earned the most income). The one with the priority right can allow the other one to claim the child in mose cases.





Richard K


HR Block





This advice is based upon my understanding of the law in effect at the time its was written as it applies to the facts supplied by you. See my profile for additional information.
I'm assuming that for some reason you plan on filing married filing separately? If this is true, and you can't get him to agree to allowing you to claim the children then he would win a ';tie-breaker'; rule per the IRS. If this is the case I would say from a tax perspective (and probably others) that you separate and take the kids. If you can show that you provide more than 50% of their care then you are due the exemptions. This doesn't help this year but it would the next.





In the meantime if this is the situation you are in, and you feel entitled to his refund because he's a parent who contributes nothing to the family and squanders money, that's a matter for a family law attorney, not an accountant.
I'm wondering why you aren't filing a joint return if you are


living together. By filing married filing separately you would


probably be paying higher taxes. I realize that there are


non-financial reasons for couples to file separately but it


generally costs you money. Remember also that filing sep-


arately means that quite a few credits/deductions are not


going to be available.


But in answer to your exact question, no it is not true that the


highest wage earner must claim the kids. That is for you to


decide between you. It might be that the highest wage earner


would receive a bigger tax benefit from claiming the kids (not


always true but sometimes if EIC is not involved) but there is


no law requiring that person to claim the kids.
Whoa, he sounds like a real winner...


Why doesn't he contribute to the household where HIS children and wife live? He seems selfish.


I guess that isn't the point. You two decide among each other who gets to claim the children and no it does not matter who makes more money. Tell him that you will be claiming the children this year to pay some household bills and to buy things for them. Then, seek a divorce attorney...do you really want to continue living like this?
you should claim married and claim the children together.





If you file married/separate (dumb) either of you could claim the children.





Consult a divorce lawyer
If you all live together and then file separate and both try to claim the children, he wins on the higher AGI tiebreaker.
Why are you not filing jointly? Sorry you have such a selfish husband...he should be more concerned about the family than himself. ugh
you should be filing married jointly - so you are BOTH claiming the kids
Ever heard of a joint account?


I'm sorry for your situation, but do you really want to stay with someone who will not pay any of the bills?
you should be filing jointly. ask any accountant