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If my fiance hasnt listed my income on her food stamps for my newborn boy can i still claim her and him? what should i do?

she hasnt told the food stamp office that ive been here and with an income will i still be able to get the tax return claiming her and my newborn son?

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4 Replies

If my fiance hasnt listed my income on her food stamps for my newborn boy can i still claim her and him? what should i do?

Whether you claim them or not, the fact that you are providing support could impact their ability to receive food stamps.

If my fiance hasnt listed my income on her food stamps for my newborn boy can i still claim her and him? what should i do?

"my newborn boy"

If the child is your biological child, then the rules are different from the qualifying relative rules mentioned in the other answer.  Your own child can be your qualifying child dependent if they are a US citizen or permanent resident and have a social security number, and they live with you more than half the year (or more than half the time they were alive if born in 2016), and they don't earn half their own support (this is obviously very rare for children).  The fact that support might be paid by the state is not part of the test for qualifying child. Residency is usually the main factor.

Your fiancee can't be a qualifying child relative but could be a qualifying relative dependent if they meet the tests is the other answer.  

Certainly, failing to disclose your support puts your fiancee at risk of being accused of welfare fraud, and could cost a small fortune for benefits payback, legal fees, and maybe even jail or community service time.  And your state may check state tax returns to see if there are any children receiving benefits who are listed as dependents on other people's tax returns.  So you will want to think about that.  But for IRS purposes, you can claim your child as a dependent if the child lives with you, regardless of benefits that the child or the mother might receive.

bwa
Alumni
Alumni

If my fiance hasnt listed my income on her food stamps for my newborn boy can i still claim her and him? what should i do?

The "qualifying relative" rules in the other post were specifically indicated to be for the boyfriend/girlfriend, not the child.  Note the final sentence regarding the child.
bwa
Alumni
Alumni

If my fiance hasnt listed my income on her food stamps for my newborn boy can i still claim her and him? what should i do?

Food stamps are not an issue.

You can claim a boyfriend or girlfriend and their children as dependents if they are your qualifying relatives.

Boyfriend/Girlfriend:  To be a qualifying relative (dependent) you don't have to be an actual relative - however,

  • whoever claims them must provide more than 1/2 of the individuals support,
  • they must not earn more than $4,000 in 2015 in   (social security doesn't count),
  • they must not file a joint return with another
  • If not an actual relative, they must live with the person claiming them all 365 days of the year
  • they must be a US citizen or resident of the US, Canada or Mexico
  • they are not a qualifying child of another taxpayer.

If your girlfriend's child is also your child and lived with you (or you and her) for more than 1/2 of the year (or since birth), then the child could be claimed as a dependent by you.


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