Dependent Question

[CleaningServices]

My fiancé and I have 4 children they all have my last name. He claims 2 of them and I claim 2. My question is they audited him one year and said we needed to turn in school records showing that he lives with me. We turned in the necessary paperwork and they still said he owes for the dependent care credit that they paid him. How can we fix it to where he claims 2 and I claim 2 of the children and be ok? 

[Alicia65]

To claim the credit for dependent care, you need to claim the dependent. If your fiance claimed the child in question he is eligible for the credit. I am not sure why they wanted school records to show he lives with you.

It is okay for 2 parents who are not married to claim their children how ever they agree as long as you both do not claim the same child.

A qualifying person is:

• Your dependent who is under age 13 when the care is provided;
• If you live together only one of you can be Head of Household the other is single.
• If you live apart. The custodial parent has to sign a 8332 to release dependent.  
• Bottom line only the person claiming the dependent can take the credit