I am a single mother with one child. If my roommate claims my son as a deduction, can I still file head of household and get the EIC?

[xmasbaby0]

Is your "roommate" the other parent?  Why would you let your roommate claim your child as a dependent?

[mattyb1313]

My roommate is my fiancé and provides support, he makes more money than me so it would be better for him to claim my son so he gets a bigger refund. He is not the father of my son, after we’re married he would be able to claim him as a qualifying child but right now he would be a qualifying relative which means he can’t claim head of household. I would get a bigger refund for getting the EIC but not claim him as a dependent. I just wanted to know I can claim head of household but not claim him as a dependent, I could still claim him for the EIC. Hope that makes sense. Thanks for your help!

[Opus 17 · Accepted solution]

Because you are not yet married and your fiancé is not the father, your fiancé can't claim your child if you file any tax return, even if you don't claim your child.

Also, you can't claim HOH unless you claim your child as a dependent.

Certain tax provisions allow for "splitting" the tax benefits of a dependent when the parents live apart and share custody, but that does not apply here.