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If I recive welfare (afdc) for my children in california can my spouse claim them on his taxes ?



If I recive welfare (afdc) for my children in california can my spouse claim them on his taxes ?

Not if they live with you over 6 months of the year and you plan to claim them yourself. Are you planning on claiming them........if not he can claim them.
Yes, if he provides 50% or more of the financial responsibility for their care. Don't you and your spouse live together? (If so, how are you able to get government assistance anyway?) He would be better off claiming all of you especially if he is the sole bread winner. The one who makes the most money needs the most deductions.
If you are married, then you, your children, and your spouse will all appear together on the same tax return.

If you are divorced or legally separated, and you are the custodial parent, you can sign Form 8332 and give your spouse, or ex-spouse, permission to take the children's exemptions on his tax return. If the children did not live with him over six months of the year, he cannot claim them for earned income credit or for head of household status.

AFDC payments have no effect on income taxes.
As long as you file based on the information you claimed in order to collect AFDC then yes your spouse can claim the children as long as they meet all the rules of dependants.
Such as:
If you lived with your spouse for more than half of the year but now find yourself living apart and receiving AFDC, yes he can probably claim them. Just check to be sure they meet all of the requirements for dependants.
If you are a low income family who receives AFDC while living with your spouse, sure he can claim them but it would usually be better for you to file jointly than for you to each file as married filing seperately. If you have no income then file jointly for sure.
If you received AFDC as a single/seperated parent living with your children for more than half of the year then your spouse claiming something different would be a very bad plan. Do not look for problems to get an undeserved tax refund.
I'm assuming by welfare you mean TANF/AFDC? If so, then you do realize that unless your spouse is on your case with you, he is subject to repaying the State for the welfare you receive? If the Attorney General's Office has started pursuing this, any "refund" he might receive will be withheld by the state.

I don't work for the IRS, but I do work for the welfare office in Texas- and I do know that if you and the spouse are trying to get a big refund, because you didn't work and he did- you are potentially committing fraud.

Do you and your spouse live together? Is he on your case? Is his income being reported? Did you live together through the year? Was he on your case at that time?
I'm a caseworker at the welfare office in Texas.
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