Can I claim my boyfriend's child?

[blackwaters28]

I live with my child, my boyfriend and my bf's child. I claim head of household and my boyfriend has full custody of his child. She lived with us all of 2016. Can I claim his child for 2016 if he does not?

[MargaretL · Accepted solution]

It depends on your tax situation. In general, you can claim your boyfriend's child (as qualifying relative) if:

• No other taxpayer can claim the child as dependent (qualifying children),
• The child lived for the entire year with you, and
• You paid more than half for the child's support.

If your boyfriend is required to file a return, he is considered a taxpayer and he must claim the child on his tax return. 

IF he is not required to file his tax return (his income is too low to meet the requirement), and only files to get a refund, he is not considered a taxpayer, he doesn't have to claim the child, but you can (providing you meet other qualifications above).