Filing as a dependent while seperated

[Nikilynn]

I have been separated from my husband for over two years and have been filing married filing separately since then while also claiming our two children as they live with me. This year I only worked one week and then went back home as a stay at home mom so my boyfriend(who lives with me) has been providing for all four of us so I'm trying to see if he can claim all 3 of us as dependents on his return. But here is the kicker he pays back child support to his ex wife and every year they take all of his federal return, will they still take all of it with him claiming us as dependents (if he can that is)? Thanks in advance for the answer! 

[pk]

Don't understand  when " separated from my husband for over two years" and having children-- why did you use Married Filing Separate  instead of Head of Household -- assuming that while your divorce is not final, you are  living by yourself and maintaining a household for minor children .

If you do not file jointly  with anyone else, live as a member of  household of another ( your boyfriend)  for all 12 months of the tax year,  he provides equal / more than 1/2 of your support, he can claim all three of you for purposes of  dependent exemption ( zero  for 2018 through 2025 ).   I do not believe this will make any difference to his  refund position. Additionally any available  refund will first be used to satisfy outstanding ( court ordered? ) debt , the excess  being issued as refund to the taxpayer.

Does this answer your query?

[Nikilynn]

Yes thank you! Also, I wasn't aware I was allowed to file head of household until I was fully divorced, not just separated. That was bad information from a representative of H&R Block he told me I could only file using married filing separately until my divorce was final. However, thank you for the information you were most helpful. 

[Anonymous]

you didn't state if your boyfriend was supporting you and your children in 2016 and 2017,  if he wasn't  then you were entitled to Head of Household status and can go back and amend those returns.   if he was,  what filing status did he use?  because  HOH would have seemed proper and you would probably have had to file as single.  

[Nikilynn]

He and I were both working in both 17 and 16 but he filed single because of his child support situation. I filed married filing separately for both of those years.