Unless you have legally adopted your significant other's...

Can I claim both children, my daughter and his son since I qualify for earned income credit and my significant other does not?

My significant other and I live in a state that recognizes common law but we are not married. We have the option to file married or separately and understand once we begin to file married we will be required to going forward. We have one child together and he has a son he can claim this year per divorce decree. I made less money and qualify for EIC and he doesn't. Can I claim his son on my taxes?

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Unless you have legally adopted your significant other's son, you have no legal right to claim him on your taxes. The IRS would not be happy with that situation.