Can my boyfriend claim my 2 biological children as dependants even tho he's not their father? we live in orego

Question

We have been together for 3 years and the kids live with us more than 50 % of the time. I dont work, disabled. My ex husband thinks he can claim the kids every year and get the earned income credits, even tho the kids live with us, not him. Cant my boyfriend claim them as dependants without claiming the earned income credit? Or do I just let me ex husband get back money he doesnt deserve? He pays $400 a month in support. Any help would be wonderful. We live in Oregon. Thanks!

Answer 1

You or their father can claim them. Your boyfriend can not, he is not related to them. Generally you would be claiming them, but if you have no income other then the child support their father sends you it is not hurting you in the slightest to let him claim the children.

Answer 2

Pay attention. The IRS issued a rules clarification recently (it's IRS NOTICE 2008-5) that addresses this. The rules CHANGED and very few people seem to know this.

Since *you* don't work, you won't be filing a tax return unless you have gross income of more than $3400 or more than $400 of SE income. If *you* won't be filing a tax return, *you* technically no longer have any qualifying children of your own. This now makes it a series of tests to determine if you husband or your boyfriend is eligible to claim these children and how.

Under the special rules for divorced and separated parents, the IRS asks if the children lived with you or their dad for more than 6 months out of the year (yes). The IRS also asks if you and their dad (but not the boyfriend!) provided more than half of the total support for each child. If yes, then you can cede the right to claim the dependency exemption and the child tax credit to the bio dad by signing a form 8332 (or if you had agreed to this in the divorce). If you don't sign, he's not entitled. (And then nobody would claim the kids.)

However, if your boyfriend provided $401 or more dollars of support (which includes the child's share of housing and food provided by your boyfriend), then the special rules don't apply and your ex-husband HAS ZERO RIGHTS.

By providing more than 50% of support and having had you and the 2 children live with him ALL YEAR and YOU HAD NO INCOME, then your boyfriend is allowed to claim you and the children as qualifying RELATIVES. He doesn't get to file as head of household (unless there's a bio kid of his own) and he doesn't get child care, child tax credit, or EIC. What he does get is the $3400 exemption for you and your kids or $12,200 off his income before he calculates the taxes.

Have your boyfriend do the worksheet for support in publication 501. Keep the worksheet with your tax records.

Your boyfriend will probably have to file on paper and then when both he and the bio-dad claim the same kids, the IRS will get involved. Your boyfriend produces the worksheet and your lack of income, he wins. Your ex produces his piddling checks for $400 a month and he loses. He loses big time as he'll be banned from claiming EIC for ten years for fraud. He'll have to pay back all the EIC for the last three years plus penalties and interest.

And if you've been disabled all 3 years, your boyfriend may be able to amend 2004, 2005 and 2006 to claim the children.

Answer 3

The recent IRS notice regarding nonrelatives claiming children applies only to the category of "qualifying relative."

What this means for you is that your boyfriend may be able to claim the children as "qualifying relatives" if

1. The children lived with him for 12 months
2. You are not required to file a tax return and will either not file a tax return, or file only to get a refund of taxes withheld.
3. The boyfriend provided over half of the children's support.

So, since you state that the children do not live with you 100% of the time, the boyfriend will not be able to claim the children. The father cannot claim the children for EIC because the children do not live with him for more than half of the year.

The father can claim the children if there is a court document such as divorce decree granting him the exemptions, or you sign Form 8332 waiving your exemption for the children to him.

Answer 4

Your ex can only claim the kids if there's a court order that says he can, or if you voluntarily sign a paper allowing him to claim them even though they don't live with him for over half the year. Even then, he couldn't legally claim EIC for them.

Until about a week ago, IRS rules were such that your boyfriend could not have claimed them - a new ruling changes the requirements slightly. But you say the kids live with you "more than half the time" - unless they live with him ALL year AND he provides over half their support, he still can't claim them.

Answer 5

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Answer 6

Do you have anything on paper that your ex is to claim the kids every year? If not I would see a lawyer about it. In my divorce papers, my ex claims even years I claim odd and so on. I don't honestly know if your bf can claim your children, but he can claim head of household. You don't have to work in order to receive the Child income credit either, so you could share the every other year with their dad. Best of luck.

Answer 7

no unless your married, either officically or if oregon has a common law marrage law, but i believe that is after 7yrs.
as for the ex husband.. thats more of a ethical question. Does he pay child support.. if yes.. then he is entiled to the earned income tax credit, if not and does not have custody, maybe not, but thats where tax lawyers and accountants come into play. As for your b/f, no.

Answer 8

Why doesn't your ex deserve that money if he actually pays support, and he spends time with the children when he can, so he doesn't deserve a break once a year?
I can understand if he doesn't pay the child support and doesn't ever see the children, and if he doesn't, assuming i Miss understood your question, than all you have to do is take away his parental rights, have your boyfriend adopt the children change the info on your tax files and you will get the tax refund from here on out, it maybe too late to do it for this year, but its definite it will start the following year.
And if you thumb down me, you obviously support a double standard and unfair child support laws that skanks take advantage of, give it rest assholes!
Isn't obvious what this tramp is doing?!

Answer 9

I don't think so, cause you two aren't married. You could check into it cause I'm sure he provides at least half their support. It does differ from state to state, but it being a federal tax form it is probably the same in all states.

Answer 10

I am guessing if your boyfriend is supporting them, he would be able to claim them. Either way, I wouldn't let your ex claim them every year....especially if they're with you a majority of the time.