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My fiance and I have been living together since June 2005. He has been the sole supporter in the household. I am supposed to be receiving child support (court ordered) from my Ex husband but he has yet to pay a dime. I do not work, and have no income what-so-ever. I recently had a baby by my fiance in Sept 2006.
My question is will my finace be able to claim me and my 2 children from my previous marriage, as dependents on his 2006 tax return?

2006-12-15 06:00:42 · 9 answers · asked by Kat 4 in Business & Finance Taxes United States

9 answers

The rules changed in 2005. Under the new rules, since you and your children lived with him all for all of 2006 and he provided your total support, he most likely can claim all of you as dependents on his return.

The baby you had in 2006 would be a qualifying child to allow your fiance to file as head of household.

2006-12-15 17:24:32 · answer #1 · answered by Judy 7 · 0 0

He will be able to file Head of Household and his baby will be the dependant but, he can not claim you or your two children from the previous husband. The rules for dependents have changed you would have had to live there the entire year in order for him to do that.

Depending on what your plans for the future are (if you are not married next year) he will be able to claim all of you as dependants next year under the "qualifying relative" rules:
1) Pays over half the the support for each
2) Any other person who lived with the taxpayer all year as a
member of the taxpayer's household
3) Individual was not a qualifying child of another person for 2007
4) Individual had gross income of less than $3,200

Good Luck!

2006-12-15 15:14:28 · answer #2 · answered by T D 2 · 1 1

The rules changed a while ago on this.

He might be able to claim you depending on what state you are in. In some states, an unmarried couple living together is a violation of the law. The law is not enforced but in does not allow one person to claim the other on their tax return.

The children are another story. Because they are your children and not his, he can not claim them. When you get married, he can claim everybody but not before.

2006-12-15 14:28:57 · answer #3 · answered by Wayne Z 7 · 0 1

yes. Make sure he files as Head of Household, not single, and he can claim you all as dependents as long as he supported you for more than 6 months of the year and you lived with him the whole time.

2006-12-15 14:07:03 · answer #4 · answered by macc_1957 3 · 1 0

If he has been the sole provider for them and your ex hasn't paid child support, I would think he could claim them as well as you. You may want to check with an accountant to be completely sure.

2006-12-15 14:09:56 · answer #5 · answered by asouthwell28 3 · 0 0

If he has supported them for 6 months out of the year and the father or yourself are not taking them as a deduction then he can.

2006-12-15 14:03:49 · answer #6 · answered by TJW 1 · 0 0

No- he does not qualify under the "related to" rule. Filing this way could cause him lots of problems when the return is audited, and it will be. Sorry.

2006-12-15 15:23:34 · answer #7 · answered by besttaxexpert 2 · 1 1

Yes he can. Talk to you tax preparer.

2006-12-15 14:08:42 · answer #8 · answered by littlemomma 4 · 0 0

Consult a tax specialist. I highly doubt it.

2006-12-15 14:08:41 · answer #9 · answered by mom2trinityj 4 · 0 2

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