I live with my mom and my child and my boyfriend. My boyfriend made enough for the year (A little over $4050) so who claims me and my daughter?

[jorcun219]

We live together in my moms house. My boyfriend supported me and my daughter for the year, along with some state help.

[Critter · Accepted solution]

Unless that child is his by blood then he cannot claim you or the daughter.  Grandma should  claim you and the child. 

[jorcun219]

Yes. She is his by blood. I wasn't sure because he's not head of household since it's my mothers house.

[TomD8]

Your boyfriend can claim you if ALL the following are true:

1.  You lived with him ALL YEAR and your relationship doesn't violate local law;
2.  You're not a Qualifying Child of any other taxpayer, such as your Mom; or, if you are, the other taxpayer is not required to file a tax return and either doesn't file or files only to get a refund of withheld taxes;
3.  You had gross income of less than $4150 in 2018;
4.  He provided over half of your support for 2018;
5.  You're not married to someone else (if you are married there are some exceptions);
6.  You're a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico.

He can claim his own daughter (presumably under 18) if she lived with him over half the year and she did not provide over half of her own support, and you yourself didn't claim her.

[Critter]

In your question you said MY daughter not OUR daughter.... the little words make a difference.  Now since he made so little it is wise to coordinate who will claim you and the child  ... him or grandma.... run the returns both ways to see where the child gets the best refund overall.   It would be a shame to leave possibly thousands on the table by making this error.

[jorcun219]

I'm not on the best terms with my mom and if she were to claim her and me. she wouldn't give me any portion of the refund.

[jorcun219]

I also have another question now as well. So I made, under $4k for the year but I was able to file anyway so I did but I put down that someone CAN and WILL claim me but because I technically filed I'm not sure if I can still be claimed now.

[TomD8]

The question is going to be whether or not you qualify to be claimed by your Mom.  How old are you?  If you were under age 24 at the end of 2018, were you a full-time student during any part of the year?

[jorcun219]

I was not a student at all last year and I am 21.

[TomD8]

Then the issue is going to be who provided over half of your support in 2018.  If it was your Mom, she can claim you.  If it was your BF, he can claim you - if he meets all the other criteria I listed previously.  You were correct in showing on your own return that you could be claimed as a dependent by someone else.
There is a worksheet on page 15 of this IRS reference that you can use to help determine the question of support:  <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p501.pdf">https://www.irs.gov/pub/irs-pdf/p501.pdf</a>

[macuser_22]

I note two things:

1) "along with some state help" state help is support by others, not by your BF or mother.

2) FYI: for this type of dependent, the most that can be gained by claiming is a $500 credit,   unless there are itemized medical deductions and it is doubtful that anyone here could itemize.