Would I get more back if I let my boyfriend claim me and our child or file by myself and claim my child

[Opus 17]

Only you and your boyfriend can determine that, by preparing tax returns that test different combinations.  There are too many different scenarios to give a single answer. (Be careful to only file the correct return at the end when you decide what to do.)

Some things to consider as you work through the situation.  

• If the child is not your boyfriend's biological child, he will probably get less than you would.
• Your boyfriend can't claim your child unless the child lived in the same home as your boyfriend for half the nights or the year, or half the nights since the child was born if it was born in 2020.  If you don't live together and the child lives mainly with you, he may be eligible for less tax benefits than you would be. 
• If you file a tax return but your boyfriend claims you as a dependent on his return, you can't claim any deductions, dependents or credits except for the standard deduction.  
• Your boyfriend can't claim you unless you lived in his home all year, had less than $4300 of taxable income, and he paid more than half your support.
• Whoever does not claim the child should not even list them on their return, to avoid confusion and conflicting claims.

[DawnC]

It depends on both of your incomes, living arrangements, and the relationship you all have with one another. among other things.   You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2020 taxes as long as they meet the following requirements:

Qualifying child

• They're related to you.
• They aren't claimed as a dependent by someone else.
• They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They're under the age of 19 (or 24 for full-time students).
  • No age limit for permanently and totally disabled children.
• They lived with you for more than half the year (exceptions apply).
• They didn't provide more than half of their own support for the year.

Qualifying relative

• They don't have to be related to you (despite the name).
• They aren't claimed as a dependent by someone else.
• They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They lived with you the entire year.
• They made less than $4,300 in 2020.
• You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

Related Information:

• Does a dependent for 2020 have to live with me?
• What does "financially support another person" mean?

• What is a "qualifying person" for Head of Household?

• What is a qualifying child for the Earned Income Credit (EIC) in 2020?