@future2007 wrote:
I'm having an issue with this as well. My moms boyfriend claimed my kids but so did I. I provide more then half of their support but she has custody. I called the irs to ask who should legally claim them but they couldn't tell me. They live in his house hold half the yes r and half the year in mine. I can not prove this tho. I dont know who should claim. I've always claimed them.
Since the children are not related to him and they did not live in his home for the entire year, he cannot claim them as dependents under the Qualifying Relative rules.
To be a Qualifying Relative -
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,200 (social security does not count) in 2019
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.
