Here's the deal. My son's mother is on disability and does not work or produce an income. Her boyfriend lives with her and he does work. She told me that he claimed my son on his tax return for 2006. All the info I can find at the IRS website says that since 2005, a person cannot claim a child that is not their own, or you have to be a blood relative, which he is not. My question is, how in the world could someone legally claim a child that is not their own? If they filed joinly would that make a difference. This doesn't seem right, but apparently whoever did their taxes for them let them do it. Please help!
2007-02-09 08:12:05 · 17 answers · asked by ibuythisnow 1 in Business & Finance ➔ Taxes ➔ United States
For those of you that wondered if the boyfriend has any legal rights to my son, the answer is no. He is a live-in boyfriend, in her house. As far as claiming head of household status, here's what I've found:
Take the situation of an unmarried man living with his unemployed girlfriend and her young child..
In 2004, the man could claim his girlfriend and her child both as his dependents and file his return as a head of household, resulting in lower taxes. But for 2005, he may not use the child to claim head-of-household status because he and the child are not blood related.
Formerly, the primary test was the support test. The the man was eligible to file as head-of-household because he supported a child living in his household.
Now the primary test is the relationship test, and he would fail that because he and the child are not related. And since the mother is not employed, and does not file income tax returns, nobody in the house can claim the child.
2007-02-09 08:49:21 · update #1
Since he can't be head of household, and they are not married, then there is no way that they could have LEGALLY claimed my son, right?
Anyone disagree?
And yes, my son lives with me 3 days a week.
2007-02-09 08:51:01 · update #2
And I pay child support.
2007-02-09 08:52:15 · update #3
he can not claim your son unless they file together and they can not to that unless they are married. If the IRS finds out he will have to pay the money back
2007-02-09 08:20:36 · answer #1 · answered by glamour04111 7 · 2⤊ 1⤋
You can claim an unrelated person if the person 1. Lived with you all year 2. Had income less than $3,650 3. Was supported by you more than 50% 4. Was not a qualifying child of another person Expect to be challenged on points 3. and 4. The IRS assumes that children live with parents, or at least relatives. If the father has income, the IRS will disallow your claim and require the father to file a return.
2016-05-24 02:25:08 · answer #2 · answered by Kristyn 3 · 0⤊ 0⤋
Under the current rules, in effect for a couple years now, it's still possible to claim a child that you aren't related to, but it's very difficult.
If the child was living with his mom, even if they were both living with the boyfriend and he supported the child, the boyfriend would not be eligible to claim him.
But don't get too happy - if the child didn't live with you, you can't claim him either. Sounds like the mom is the only one who could, and if she doesn't have to file a return, then nobody gets to claim him.
Warning - many of the answers above are just plain wrong.
2007-02-09 08:21:44 · answer #3 · answered by Judy 7 · 1⤊ 1⤋
I see that "Wealth Builder" finally took my advice and read a Publication 17 on the new UDC rules. Good for you!
Her boyfriend cannot and shouldn't have claimed your son. Either they did the return themselves and did what they wanted or they lied to whomever did their return. Your son is the qualifying child of you and your son's mother. For that reason alone, he cannot be the boyfriend's qualifying relative on a return. You can always mail in your return to the IRS and you'll still get every dollar you are entitled to.
2007-02-09 11:48:41 · answer #4 · answered by Fool in the Rain 6 · 0⤊ 0⤋
Your son CAN be claimed by the third party if he lived with them the entire 12 months of the year. Temporary absences, such as visits with you, count as time lived with the taxpayer. He also must have provided at least half the child's support for the yr.
2007-02-09 09:38:02 · answer #5 · answered by Anonymous · 0⤊ 1⤋
It seems that the boyfriend has claimed "head of household" and your son and his mother as dependants, and rightly so if he is providing more than 50% of the household income. You can claim a child that is not a blood relative if that child is living with you and you are providing income for that child. Since the mother does not work and they are not married, they cannot file income tax jointly.
2007-02-09 08:19:38 · answer #6 · answered by philly_romantic 6 · 0⤊ 4⤋
Legally--he cannot claim the child.
Reality--with the kid's SSN and birthdate he can. He did. And unless someone rats on him, it will stay that way. And if you try to claim the child this year, your return will be kicked out since only one person can claim the child. You'll have to go back to the IRS and state your case.
Tax Advisor
2007-02-09 08:17:33 · answer #7 · answered by WealthBuilder 4 · 1⤊ 3⤋
No. They have to be married filing jointly to claim the son together. Since they are not married, they cannot file jointly. She might be able to claim him (the boyfriend) as a dependent. If he does not work, he should not need to file taxes anyways.
2007-02-09 08:16:20 · answer #8 · answered by zzzzzzzzzzzzzzzzzz 4 · 0⤊ 3⤋
yes he can claim your son if he lives with them even if they r not married, they claim him as a dependent for the house hold and it is legal, i know it sucks but that can be done. The child if living with them is dependent on the one in the home supporting him.
2007-02-09 08:26:13 · answer #9 · answered by c_schreel 3 · 0⤊ 4⤋
Morally, if the boyfriend is providing more than 50% of your son's support, he should be able to claim your son as his dependant. If you are providing more than 50%, you should be able to claim your son as a dependant.
If you don't provide support in excess of 50%, you have no basis for an objection.
I have no clue what the tax law says - my answer is based on my own interpretation of How It Should Be.
2007-02-09 08:24:40 · answer #10 · answered by Anonymous · 0⤊ 5⤋