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Posted by Stuart A. Bronstein on February 13, 2007, 5:02 pm
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thomasvr1@gmail.com wrote:
> Thank you for your reply. After explaining the details of
> this situation to my local H&R block office, they determined
> that the only way that her boyfriend could've claimed my son
> is if they filed together as married filing joinly. In my
> state it is legal to do so even if you are not married,
I was about to say that couldn't be the case
> however after you do that you BECOME MARRIED
Ah, must be one of those common-law marriage states. If two
people cohabit and tell someone (not necessary to be
everyone) that they are married, they become married.
Well, I suppose that would work.
Stu
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Posted by Paul Thomas, CPA on February 13, 2007, 10:47 pm
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> Ah, must be one of those common-law marriage states. If
> two people cohabit and tell someone (not necessary to be
> everyone) that they are married, they become married.
Makes you wonder if uttering the word "Shamalatarama" in
your sleep three times makes you unmarried.
--
Paul Thomas, CPA
paulthomascpapc@bellsouth.net
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Posted by A.G. Kalman on February 13, 2007, 5:02 pm
Please log in for more thread options thomasvr1@gmail.com wrote:
> Thank you for your reply. After explaining the details of
> this situation to my local H&R block office, they determined
> that the only way that her boyfriend could've claimed my son
> is if they filed together as married filing joinly. In my
> state it is legal to do so even if you are not married,
> however after you do that you BECOME MARRIED and are
> required to file as married from there on out. If they
> filed as married, then the IRS would think that my son is
> his step-son, thereby making him a qualifying child. It's a
> pretty scummy move, which follows along the lines of most of
> the things those two do.
First off, they can't file a federal joint tax return unless
they are married. State law determines whether they are
married. I don't know what state they are in. In the few
states that still maintain common law marriage on their
books, it is not legal to file a joint tax return unless the
couple has a common law marriage. Merely filing a joint tax
return does not make you married. It is merely one fact in
a long list of facts and circumstances that determine
whether one has a common law marriage.
The following states are the only ones that have common law
marriage on the books:
Alabama, Colorado, Georgia (if created before 1/1/97), Idaho
(if created before 1/1/96), Iowa, Kansas, Montana, Ohio (if
created before 10/10/91), Oklahoma (possibly if created before
11/1/98), Pennsylvania (if created before 1/1/05), Rhode
Island, South Carolina, Texas, Utah and Washington, D.C.
If they are not residents of one of the above states, then
the only way they can be legally married is if the had a
valid marriage ceremony and the marriage was duly recorded.
--
Alan
http://taxtopics.net
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<< The foregoing was not intended or written to be used, >>
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Posted by Phil Marti on February 13, 2007, 10:47 pm
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> If they are not residents of one of [one of the common-law
> marriage] states, then the only way they can be legally
> married is if the had a valid marriage ceremony and the
> marriage was duly recorded.
Are you sure of that? I seem to recall that if a couple
establishes a valid common-law marriage and then moves to
another state, the marriage is recognized even though they
couldn't create a common-law marriage in the new state.
--
Phil Marti
Clarksburg, MD
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
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<< to this newsgroup as well as our anti-spamming policy >>
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<< Copyright (2006) - All rights reserved. >>
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Posted by A.G. Kalman on February 14, 2007, 9:42 pm
Please log in for more thread options Phil Marti wrote:
>> If they are not residents of one of [one of the common-law
>> marriage] states, then the only way they can be legally
>> married is if the had a valid marriage ceremony and the
>> marriage was duly recorded.
> Are you sure of that? I seem to recall that if a couple
> establishes a valid common-law marriage and then moves to
> another state, the marriage is recognized even though they
> couldn't create a common-law marriage in the new state.
My reply was limited to establishing a common law marriage.
The states I mentioned are the only ones where one can
establish such a marriage. Once the marriage is created
only a divorce can end it. In addition, each of the other
states will recognize that marriage.
--
Alan
http://taxtopics.net
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
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