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If My girlfriend and her 3 children lived with me all year, there father is ordered to pay child support but has only paid in 500 for the intire year. Can I claim them?

 
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If My girlfriend and her 3 children lived with me all year, there father is ordered to pay child support but has only paid in 500 for the intire year. Can I claim them?

Your unrelated GF is your dependent if she lived with you all year, and earned less than $4050, and you paid more than half her support.

Your GF's children (who are not your biological or legal children) are your dependents if each one lived with you the entire year, and earned less than $4050, and you provided more than half their support, and no other taxpayer can claim them as dependents.

Generally speaking, their father can't claim them as dependents if they did not live with him more than half the year.  Your GF can claim them as dependents so the question is whether or not she is a taxpayer.  She is not a taxpayer for 2016 if her income was less than $12,350, and she either files no tax return, or only files a tax return to get a refund of withholding and claims no other dependents, deductions or credits.  If your GF is a taxpayer for 2016, you can't claim her children as dependents.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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2 Replies

If My girlfriend and her 3 children lived with me all year, there father is ordered to pay child support but has only paid in 500 for the intire year. Can I claim them?

Did your GF work?  Did she earn more than $4050 in 2016?
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

If My girlfriend and her 3 children lived with me all year, there father is ordered to pay child support but has only paid in 500 for the intire year. Can I claim them?

Your unrelated GF is your dependent if she lived with you all year, and earned less than $4050, and you paid more than half her support.

Your GF's children (who are not your biological or legal children) are your dependents if each one lived with you the entire year, and earned less than $4050, and you provided more than half their support, and no other taxpayer can claim them as dependents.

Generally speaking, their father can't claim them as dependents if they did not live with him more than half the year.  Your GF can claim them as dependents so the question is whether or not she is a taxpayer.  She is not a taxpayer for 2016 if her income was less than $12,350, and she either files no tax return, or only files a tax return to get a refund of withholding and claims no other dependents, deductions or credits.  If your GF is a taxpayer for 2016, you can't claim her children as dependents.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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