You can if you are the custodial parent, but there is no benefit to doing so (or even filing a tax return) unless you have taxable income. For example: unemployment comp is taxable, but is not earned income, so does not qualify for the EIC.
Child support is not taxable, so does not qualify for the EIC.
If there is another adult living in your household, he/she may be able to claim you and/or your son as dependents.
OK thank you. We live with my boyfriend which is my sons dad, but he owes back child support he is almost caught up but they always take his taxes so I thought if he claimed us all the money would still go to his ex wife
It's better that the money go to reduce or eliminate his debt than not be used at all.
Your bf should claim his child. He should also claim you, if he qualifies to do so. You can still be his dependent (Qualifying relative in IRS parlance, even though you do not have to actually be related), if not a Qualifying Child, if you meets the 6 tests for claiming a dependent:
1. Closely Related OR live with him ALL year
2. Your gross taxable income for the year must be less than $3,950 (2014)
3. He must have provided more than 1/2 you support
4. You must be a US citizen or resident of the US, Canada or Mexico
5. You must not file a joint return with your spouse or be claiming a dependent of your own
6. You must not be the qualifying child of another taxpayer (like your parent)