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He may be able to claim you, but he may claim your kids. He may be able to claim you if:

·       He provided more than half of your support.

·       You made less than $4,050 in gross taxable income. 

·       You lived with him for the entire year.

·       You aren't a dependent on someone else’s taxes.

·       You aren't filing a joint return with someone else.

·       You are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident. 

You can use this IRS Support Worksheet  to see if he can claim you.

He is not eligible to claim your children under the Qualified Child Test. Since you are not wed, he does not have the qualifying relationship with your children per the IRS definition. Here is the test to determine if you can claim a child as a dependent: 

- be your child (or adoptive or foster child or step), sibling, niece, nephew or grandchild
- be under age 19, or under age 24 and a fulltime student for at least five months of the year; or be permanently disabled, regardless of age
- have lived with you for more than half the year; and 
-have provided no more than half his or her own support for the year.

However, he may be able to claim your children under the Qualifying Relative Test IF:
- they lived with him the entire year
- he provided more than half their support
- they did not earn more than $4,050

For more information, see this helpful article: 
https://turbotax.intuit.com/tax-tips/family/rules-for-claiming-a-dependent-on-your-tax-return/L8LODb...

[Edit 1/27/2018 10:50 AM PST]


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