My child and I have been living with my partner and his children for over a year now. I am the custodial parent, she lives with us all year with occasional visits to her father's, at most twice a year. I am attending university half time while he and I voluntarily work at his parent's business. We live in a paid off house that his parents own so we only have bills and food expenses to worry about. We do not make any money, the only income that we get is child support and financial aid when I have any left from my FAFSA. Our tax return money is what we use to pay bills throughout the year. He does side jobs for people to help with any extra expenses e.g. kid's birthday, Christmas, etc. Is my partner able to claim me and my child on his taxes as dependents?
For your partner to claim a non-relative such as you and your child as a dependent, they must live with him all 12 months of the tax year. In addition to being a citizen of the US or a resident of the US, Canada or Mexico:
- he must provide more than 1/2 of the individuals support,
- they must not earn more than $4,050 in 2016 in gross income (social security doesn't count)
- they are not a qualifying child of another taxpayer, and
- they must not file a joint return with another
While a non-relative may be a dependent, they will not qualify you for Head of Household status or EITC.