BF and our child live together. He wants to claim him. BF w/out health insurance so paying penalty. Son has thru me. Also, BF eligible for EIC. Can BF claim him?

[cinswa08]

Wondering if he can claim him since he did not have health insurance for the year, and I paid my sons insurance, plus the fact that BF is eligible for EIC.

[Coleen3 · Accepted solution]

Yes, if he is the father of the child. If your insurance policy is through the Marketplace, you will both need to enter the 1095-A and prorate the amounts. If not, he just has to say he had no insurance but your son did and for how long.

See the rules below.

Qualifying Child

Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or step-sibling, or a descendant of one of these.

Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.

Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.

Support — did not provide more than one-half of his/her own support for the year.