My son is under my state insurance. Can his father still claim him as a dependent when we file our taxes? My son, his father (my boyfriend) all live together.

[kimerrill12]

When I spoke with a representative regarding my state insurance, they told me I would need to file my taxes with my son as my dependent. But right now my boyfriend claims our son as his dependent. So if my son is under my insurance, would I need to claim him? Or can my boyfriend claim him as his dependent even though my son is under my insurance? We all live together under the same household. 

[DoninGA · Accepted solution]

Based on the tax code only it is not relevant who pays for the child's health insurance when claiming the child as a dependent on a tax return.  However, since the child is covered by state provided health insurance there may be a problem with continuing that insurance if the child is not being claimed as a dependent on your tax return.  You will need to get further clarification from the state concerning the child's insurance and the consequences if he is not being claimed by you as your dependent.
This situation is another where being married resolves these types of problems.

[TaxGuyBill]

I agree.  Although either of you can claim him for tax purposes, your son may be disqualified for State insurance if your boyfriend claims him as a dependent.