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Unmarried Couples
Generally, unmarried couples living together with common children will require more than one case. If each person in the unmarried couple files his/her taxes separately, then two (2) CalSAWS cases are required. A case cannot have two individuals marked as Primary Tax Filer in the same case; therefore, two (2) CalSAWS cases are required. Unmarried couples who self-attest to planning to file taxes as “Married Filing Jointly”, will follow non-tax filer rules due to the conflicting tax filing status information received.
It is important that each individual is marked as the Tax Filer in his/her own case because he/she may be eligible for APTC. A person cannot receive APTC if he/she is not marked as the Tax Filer in his/her own case. CalSAWS will evaluate this person as a non-filer which would be an incorrect eligibility determination.
If one person (mom) in the unmarried couple claims the other person (dad) as a tax dependent, then only one CalSAWS case would be required at that time. However, during their MC RD, if the other person (dad) reports he will be filing taxes separately and he will no longer be a dependent, then a new case needs to be created for him.
Related Topics
Parent-Child and Stepparent Rules