My Fiance owes back child support. Will the government take my tax refund if I claim a dependent who owes back child support? I live in MA.

[chrissargent831]

She does not work, we have a kid together. 

[xmasbaby0]

No, they will not take your refund.  Did she live with you for all of 2016?  Did she earn less than $4050 in 2016?

[chrissargent831]

Yes she lived with me the whole year, and earned 0$

[lovedabuddha62]

Does the same rules apply for Florida? My boyfriend which has lived with me all year and had no income owes back support. Will they take my return if i claim him as a dependent?

[chrissargent831]

lovedabuddha62 - I filed state and federal with no problem, getting a refund on the 31st. I thought by adding a dependent my return would go up a lot, but it only went up $650 from last year.

[chris-fulton]

My fiancé owes back child support. In my state we are common law married if i claim her will they be able to take money for back child support ? She has lived with me all year and we have a child together

[Opus 17 · Accepted solution]

No.

But, you can't claim a person who is not your legal or biological child as a dependent unless:

1. they lived all year as a member of your household,

2. they earned less than $4050,

3. you provided more than half their support,

4. no other taxpayer can claim them as a dependent.

You may have problems with #3 and #4.  You can't claim your fiancee's child as a dependent unless you paid more than half the child's support.  If questioned by the IRS, you will have to be able to prove this.

And you can't claim your fiancee's child as a dependent if the fiancee is a taxpayer, because then the fiancee must claim the child and not you.  Your fiancee is a taxpayer if they have more than $10,350 of taxable income in 2016, or if they have less income but file a tax return to claim dependents or credits.  Your fiancee is not a taxpayer only if their income was less than $10,350 AND they either file no tax return or only file a return to claim a refund of withholding and claim no other dependents, deductions or credits.

[chrissargent831]

The child is both of ours. I will be claiming him. She is a stay at home mom but owes back support so I did not claim her last year but wanted to this year. She doesn't work at all.

[chrissargent831]

In this case she is not a taxpayer.

[Opus 17]

If the child is your child biologically then the rules above don't apply.  The child just has to live in your home for at least half the year.  Either you or your fiancee can claim the child.

[xmasbaby0]

I think he is asking if he can claim his GF.

[chrissargent831]

Yes, I want to know if I can claim my GF, she is the one who owes back support. I just don't want the GOV to take my refund.

[xmasbaby0]

The IRS will not seize your refund if you claim GF as a dependent even if she has delinquent child support.

[Opus 17]

For claiming your unmarried partner the same rules above on income, living arrangements and support apply.

[chrissargent831]

The question is not Can I claim her (I know I qualify), it is will my refund be seized since she owes back child support. xmasbaby0 seems to have it right.