Federal income tax laws

Asked about 3 years ago - Somerset, KY

my daughter lives with her mother, I pay child support, her mother doesn't work but lives with her boyfriend that has worked. We are not married and have never been married, there is no custody agreement between us; she is the custodial parent. Does her boyfriend have the right legally to claim my daughter on his taxes. The support my child gets is what they live on.

Attorney answers (3)

  1. Suzanne Alexandra Ascher

    Contributor Level 8


    Lawyer agrees

    Answered . On the IRS website, there is a publication you may want to refer to: IRS Publication 501 "Exemptions, Standard Deduction, and Filing Information (for Use in Preparing 2010 Returns)" which addresses dependent exemptions in detail.

    The link is: http://www.irs.gov/pub/irs-pdf/p501.pdf

    In any case, please consult a licensed tax professional on this issue.

    Thank you.

    Suzanne Alexandra Ascher, Esq., CPA, Tax LL.M.

    Legal disclaimer by Suzanne Alexandra Ascher, Esq: My answer is strictly for information and education purposes... more
  2. Henry Daniel Lively

    Contributor Level 20

    Answered . To claim you child he would have to meet the qualifying relative test:

    There are four tests that must be met for a person to be your qualifying relative. The four tests are:


    Not a qualifying child test,

    Member of household or relationship test,

    Gross income test, and

    Support test.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response... more
  3. Steven Francis Schroeder

    Contributor Level 11

    Answered . Along with what the other posters have suggested you may want to look at IRC Sec. 152 regarding dependents. I believe the hurdle that the boyfriend will have in trying to claim the exemption is the qualifying child/ relative test. You should consult a licensed tax professional in your area to get a more indepth review of your situation.

    Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, any tax advice contained in... more

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