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michelle | Can my boyfriend claim my child on his taxes? |
My boyfriend and I have lived together for 4 years. I have 3 children from a previous relationship and my boyfriend has no children. I do not receive any child support from my kids biological father. My annual income is about $25,000 and my boyfriend's is about $70,000. He provides more than half of the support for our family. So can he claim my children on his taxes? What would be the best way for both of us to file? |
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T R
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You are getting some completely wrong advice here, which suggests that this is NOT the place to get tax advice. I will give you an accurate answer, but you should check out the sources below, not just take my word for it.
Short answer: No, he cannot claim you child. All of the requirements are met for he to do so EXCEPT the child is not his child, sibling, step-child, or foster child. So, the child is not a "qualifying child" for your boyfriend and cannot be claimed as a dependent by him.
For the same reason, your bf cannot file as head of household. And you cannot file jointly or married unless you were married by end of last year.
You can claim the children as dependents, of course, and should file as head of household.
You cannot, as at least one person suggested, file for a common law marriage. First, you don't file for one, it just happens. And, more significantly, common law marriage has been abolished in the vast majority of the states.
The good news is that the persons who thinks you need marriage AND adoption of your children are also wrong. He can claim them as dependents if he adopts OR if you are married. Adopted or step children are qualified children for tax purposes.
So, while it is unfair that you are raising children in the same situation as married people but you children don't get the same subsidy from the federal government through tax breaks, that is, in fact, the way the law is set up to penalize people who do not get married. (Just be glad you are not a same-sex couple, many of whom are also raising children together. This is one reason they want the right to be married, rather than civil unioned or nothing at all.) |
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Judy1
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NO he can't claim any of your children. If your income was under $3500 for the entire year, he might be able to, but since you made over that, the kids are YOUR qualifying children, so he can't claim them.
You will both file as single, assuming that you are. You can claim your children. The only other person you could allow to claim them is their biological father, and that doesn't sound likely or reasonable.
And a few of the other responders gave you very bad info. To claim head of household you'd have to show that you paid over half of the expenses of keeping up the household - unlikely with those incomes, plus you say in your question that you didn't, he did. And as for common law marriage, it takes a lot more that just living together, and would have to have been in effect in 2008 - and most states don't even have it any more. |
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taximomuv3
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No - unless he adopts them or you 2 get married. |
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Emissary
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You had to have been married in 2008 as well as him adopting the children. Sorry, but that's the law. |
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cyndi
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he can claim the child but its illegal. people do it all the time even though they arent supposed to. you should claim him. |
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bosscain
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he cant claim them until he legally adopts them .you should file separately. |
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*Twiztid Ninjette*
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Unless there's proof they're his kids,no,he can't do that. You're the mom,with the birth certificates,so you can prove they're yours. |
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mikenusaf
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No. The child must meet 5 tests. One of them, the Relationship Test states:
To meet this test, a child must be:
Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them, or
Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them. |
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bookgrl
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http://www.irs.gov/app/understandingTaxes/hows/tax_tutorials/mod06/tt_mod06_05.jsp
They do not qualify under the rules because he is not a blood relative and/or has not adopted them. This is a little table from the IRS that explains it all. |
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In Science we trust
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No. You must file individually. |
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Auntie A
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if he claims your child, then you cannot claim him. you've lived together for 4 years, why not get married and file jointly (am I old fashion or am I thinking of you and your children)? He would get more of a benefit since his income is higher - just be careful you are not married. |
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life's a journey
 |
only one of you can claim the children. The concern is why isn't bio father not paying support? |
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hotwheels122298
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if your boyfriend has not adopted the child then no. he has no gardianship over the child. you arent married either so that also says that he cant. sorry |
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Nick B
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im not sure but i think he has to be married to you |
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cpa simsbury ct
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No. Single for him. Possible Head of Household for you with 3 dependents. |
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Katlinaax3
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I am not too sure however he may need to legally adopt them in order for him to be able to claim them seeing that he has no blood nor legal ties to your children. |
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Danielle F
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The child can be a step child, not just biological or adopted.
sorry, missed that you are not married. |
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U.S.A. GAL
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Common Law Marriage is a 7 year thing!
Go see a specialist at H&R Block. |
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Paddle Boat
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you can sign up for a common law marriage, then you can. |
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