Can My Husband Claim My Kids on His Taxes?

••• A young woman holding a pen, doing her taxes image by Christopher Meder from

Filing taxes can be the most confusing and depressing time of the year. With yearly changes in tax laws, it is difficult for people who are not accountants to keep up. One question many people have is if the husband can claim the kids. There are so many things that depend on the answer to this question, such as where do the kids live, child support or whether the parents are married and living together.

Married Filing Jointly

If you are married filing jointly then all the kids can be claimed on your tax forms. When filing your taxes together there is no question as to who gets to claim the kids as you both are claiming them together. Married filing jointly also allows you to take extra credits, such as Earned Income Credit, if you qualify financially.

Married Filing Separetely

If you are married, but file your taxes separately, the one who makes the most money should be the one to claim the children. For example, if your husband brings home the bulk of the money, then he should claim the children so you can get as much money back as possible or pay as little as possible. To determine which way you should file, print out several copies of all the necessary tax forms and fill them out both with him claiming the kids and with you claiming the kids. See which works out best for your family as a whole.

Single Parents

When single parents are filing taxes, it can get a little confusing about who should claim the kids. If there has been a divorce, a court order will usually give all the information you need regarding taxes. For example, many parents who share custody have to take turns claiming the kids. If you claimed the kids on your taxes last year, your ex-husband must be allowed to claim them this year. If there is no court order, the parent with whom the children live is usually responsible for claiming them on their taxes.


If you are remarried and your husband has stepchildren that live with you, he is allowed to claim them on his taxes, as long as there is no prior arrangement with the child's biological father as far as taxes are concerned. If a child lives with your husband, even if the child is not his own, the husband has a right to claim said child on his taxes even if you, the children's mother, had no income.