Skip to main content

Can my boyfriend claim my kids on his taxes?

Spokane, WA |

My kids and I have been living with my boyfriend for a year and a half in Washington State. My ex, the kids dad, is also wanting to claim the kids because he has paid some child support. He lives in Iowa and has not seen the kids at all for over a year. The ex has stated that no matter what he is going to claim them. He pays up to $756 a month for 3, sometimes much less! Now I know this will most likely cause an audit if they both claim these three as dependents, but we are straight on our taxes and have nothing to fear. If and when audited, whom is most likely to be paying this return back? Thank you for your time. Happy New Year!!

The order of child support was issued in Iowa and there was no specification of whom may take this exemption. Does this refer back to custodial parent? Or whomever files first? Thank you for your replies.

Attorney Answers 3

  1. Your boyfriend can only claim your children as an exemption if the children llived with him for the entire year as a member of his household. Absent this narrow exception, you boyfriend would be committing tax fraud because he is not the parent, you and the biological father are the children's parents. Child support and visitation are completely separate issues in Wa. state. If the Order of Child Support was issued in Wa., it specifies who may take the tax exemption; it designates either you or the biological Father.

    Hoep this helps

    The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.

  2. Section 152 states that the parent that has the child for most of the year gets to claim them. The custodial parent can agree to let the non-custodial parent take the dependency exemption, but that is it. You cannot transfer head of household, child tax credits, the EIC, etc. If he attempts to claim the child, the child's SSN will show up twice as a dependent. The IRS will likely contact the second to file and let them know that somebody has alread claimed that child. Keep the child's mail from school. The parent the child lives with to attend school will be assumed to be the custodial parent unless the other parent has something very good to rebut this.

    Section 152 also allows a person to claim a non child under certain circumstances. If the children do not make more than the exemption amount, the boyfriend will likely be able to claim them if they live with him and he supports them. Even a bad tax preparer will be able to run through the couple of factors to determine this, but my guess is yes because ti doesn't sound like the child could be claimed by the father under any circumstances.

    Christopher Larson
    Insight Law

  3. Review your order of child support regarding whose year it is to claim the children. If it's your ex's year then he gets to.