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erjwa
New Member

I have lived w/ my boyfriend for almost two straight years now, i have two kids from previous marriage and we have a baby together. can he claim us since he supported us?

I was unable to work due to the fact my son is special needs and i was on bedrest and then had a preemie. so he has fully supported himself his kids me my kids and our daughter.
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2 Replies

I have lived w/ my boyfriend for almost two straight years now, i have two kids from previous marriage and we have a baby together. can he claim us since he supported us?

Assuming you all live together he can claim all of you as well as filing as Head of Household using his biological child to qualify him for that. 

I have lived w/ my boyfriend for almost two straight years now, i have two kids from previous marriage and we have a baby together. can he claim us since he supported us?

He should be able to claim both you and the other two children that are not his under the Qualifying Relative rules if you all meet the requirements.

 

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,300 (social security does not count) in 2020
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.

 

For the child that you both had together he can claim them under the Qualifying Child rules.  He also would be eligible to file as Head of Household with this child as his dependent.

 

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.
3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.
4. The child must not have provided more than half of his or her own support for the year.
5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.
6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.
7. The child must be younger than you unless disabled.

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