Can i claim my little brothers? I graduated in June, live with my dad and two brothers I made more over the time i worked than my dad and support them. Can i claim them?

[SweetieJean]

Why isn't your Dad claiming them?  Did he have any income besides from working? Who paid for housing, utilities, etc?

[SweetieJean]

Is Dad married? Where is your Mother?

[dsilva2232]

Neither of us have received our w-2, so were trying to find out who should claim them. No he only has one job. Housing, utilities and everything is split down the middle

[dsilva2232]

They were divorced in 2008 and custody was transferred to my dad in 2015. She does not support my brothers in any way.

[re2boys]

How old are you at the end of 2016?

[dsilva2232]

18

[SweetieJean]

Okay, so Mom isn't paying Child Support (even for you)?  Does your household get any public assistance, food stamps, or other govt money?

[re2boys]

The larger issue is if you are a dependent yourself.

[dsilva2232]

No she pays no child support for anybody. The kids have medicaid. I have my own insurance from my company. I work full time and am a student part time. I grossed 13k in 5 months, dad grossed 11k in that amount of time.

[SweetieJean]

Okay, so the two of supported a family of 4 all year on $24,000?  "The larger issue is if you are a dependent yourself"  is key, since, if you are, you cannot claim dependents of your own.

[dsilva2232]

He grossed 22k all year i grossed 13k in 5 months. He is not a resident or citizen but he does file. Even if i am a dependent he cant claim me as im not his biological son, or step-son legally. My brothers are my step brothers because he married my mom. But i was never adopted by him.

[SweetieJean · Accepted solution]

You are legally his stepson because he was married to your Mother, and that does not change even though they are now divorced.

(1) I grossed 13k in 5 months, dad grossed 11k in that amount of time.

(2) He grossed 22k all year i grossed 13k in 5 months.

(3) Housing, utilities and everything is split down the middle

# (3)  may be true for the 5 months working that you had in common, but not for the entire year. The IRS looks at the entire year.

Unless you provided more than half of your own support for the entire year  (which is unlikely, given that you only worked for 5 mos), Dad can claim you and the other boys as his dependents. He files as Head of Household.  You file as Single, with no dependents, and indioate on your return that someone else is claiming you.

However, tax year 2017 may be different, so be sure both of you keep good records.

[dsilva2232]

When the custody case was happening, the judge said he had no rights towards me as he never adopted me while they were married. So im taking it as legally he cant claim me.

[dsilva2232]

If i did claim them as dependents and he filed alone. And we paid whatever tax he owes. Will there legally be a proble?