together for seven years. Is it legal for him to be claiming her children on his tax return?
2007-07-10 16:05:23 · 7 answers · asked by Mystery Girl 3 in Business & Finance ➔ Taxes ➔ United States
A nonrelated person cannot claim a child that is not his own as a "qualifying child" on his tax return. Since the mother lives with the children, the children are the "qualifying children" of the mother, and under no circumstance could a nonrelated person claim the children.
The biological father could claim the children only if the custodial parent (mother) signed form 8332, or equivalent, which would waive the dependency exemption to the noncustodial parent.
If the boyfriend marries the mother of the children, he can claim the children and would have precedence over the noncustodial parent.
2007-07-10 17:07:51 · answer #1 · answered by ninasgramma 7 · 0⤊ 0⤋
Only the mother or the father can claim them. The mother's b/f can NOT claim them. There was a change in the rules a year or two ago that bars him from claiming them.
He may well be able to claim her, but he can NOT claim her children! PERIOD! It does NOT matter how much support he provides. The are considered the qualifying children of the parents and as such cannot be claimed by anyone else.
If the mother does not claim them, the father (your b/f) can claim them. If someone else has claimed them, the IRS will contact both taxpayers and request proof of the claims. The IRS will then award the exemptions according to the law.
2007-07-10 16:20:32 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
No it isn't legal by new rules that went in a few years ago. She can claim them on her return if she files one, but he can't - they can't be his qualifying children because they aren't related to him, and they can't be his qualifying relatives because they are her qualifying children whether she claims them or not. Those are the only two ways to claim dependents. So even if he supports them totally, he couldn't claim them. Until a few years ago, he might have been able to, but not any more since the rules have changed.
Ohio doesn't recognize common law marriage, so the length of time they've been together doesn't matter.
2007-07-10 17:04:40 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
might be in ohio.. it's not in New York. Though I once claimed my ex-fiance's daughter on my taxes in NY a few years ago. I was the one making all the money and my ex didn't really have a job. Basically I got it for being the main provider of the child's needs.
2007-07-10 16:18:08 · answer #4 · answered by york_m 2 · 0⤊ 2⤋
As long as no one else claims them.
2007-07-10 16:14:59 · answer #5 · answered by corgiesrule 5 · 0⤊ 2⤋
only if he provides for 50% of there upkeep
2007-07-10 16:09:02 · answer #6 · answered by Anonymous · 0⤊ 3⤋
Does your boyfriend pay
child support?????
2007-07-10 16:08:10 · answer #7 · answered by Cher 6 · 0⤊ 3⤋