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Hmmmmf
New Member

My bf wants to claim 2 of my children this yr But HEs behind on CSupport 10k+ Will they take away his whole refund? Or NOT because the dependents aren't his children?

He is behind on child support so I'm curious if they will take his return if he is claiming dependents that aren't his or will they say no because these dependents on his child support can't have the return or can they take only so much out

1 Best answer

Accepted Solutions
Hal_Al
Level 15

My bf wants to claim 2 of my children this yr But HEs behind on CSupport 10k+ Will they take away his whole refund? Or NOT because the dependents aren't his children?

Yes, they'll take his refund. Who his dependents are is irrelevant.

But, he won't be getting that much refund. He cannot claim YOUR children for EIC or the Child Tax Credit. The child may qualify as a dependent, but because he is not related, he cannot be a qualifying child for the earned income credit, child tax credit or Head of Household filing status.

 

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit.

 

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016-17)

3. The taxpayer must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer

He must have a US social security number or tax identification number (TIN)

In addition to the above requirements, to claim your boy/girlfriend's children, they must meet all of the above requirements and:
--- your boy/girlfriend must not be required to file a return,
--- he/she does not file a return claiming the children

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1 Reply
Hal_Al
Level 15

My bf wants to claim 2 of my children this yr But HEs behind on CSupport 10k+ Will they take away his whole refund? Or NOT because the dependents aren't his children?

Yes, they'll take his refund. Who his dependents are is irrelevant.

But, he won't be getting that much refund. He cannot claim YOUR children for EIC or the Child Tax Credit. The child may qualify as a dependent, but because he is not related, he cannot be a qualifying child for the earned income credit, child tax credit or Head of Household filing status.

 

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit.

 

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016-17)

3. The taxpayer must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer

He must have a US social security number or tax identification number (TIN)

In addition to the above requirements, to claim your boy/girlfriend's children, they must meet all of the above requirements and:
--- your boy/girlfriend must not be required to file a return,
--- he/she does not file a return claiming the children

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