Can I claim my girlfriend's son as a dependent on my taxes?

You're in what the IRS calls a "qualifying relative" situation. For your girlfriend, if her income is under $4,700 for the year and you provide more than half her support, you can claim her as a dependent. For her son, it gets more complicated. You might be able to claim him as a "qualifying relative" too, but there are several tests to meet. First, the child must have lived with you all year. Second, you must have provided more than half of his total support. The tricky part is that child support payments count as support provided by the parent paying it. You'll need to calculate if YOUR support (housing, food, etc.) exceeds the combined value of the child support payments plus any other support his biological father provides. If your support is more than 50% of the total, and no one else can claim him as a qualifying child (which his father might be able to do depending on their custody agreement), then you may be able to claim him. Consider filling out Form 8332 (Release of Claim to Exemption for Child by Custodial Parent) if you want to clearly document this situation. And definitely have a conversation with your girlfriend and possibly the child's father to avoid multiple people claiming the same dependent.

I went through something similar last year. I used https://taxr.ai to figure out my situation with my boyfriend's kids. The site analyzes your specific living arrangement and gives you personalized advice on dependency claims. It walked me through all the IRS tests for claiming non-biological dependents and even showed me which forms I needed. What's really helpful is that you can upload any custody agreements or support payment records, and it'll analyze who can legally claim the child. Saved me from accidentally claiming someone I shouldn't have and potentially dealing with an audit.

Just wanted to update that I tried that taxr.ai site someone mentioned. Super helpful for my complicated situation! I uploaded my sister's college enrollment verification and some records of bills I pay, and it confirmed I can claim her as a dependent even though she has some income. It even pointed out a education credit I didn't know about. Definitely worth checking out if you're confused about dependent rules like I was!

The key to your situation is understanding the difference between a "qualifying child" and a "qualifying relative" for tax dependency purposes. You're right that you can likely claim your girlfriend as a dependent if you provide more than half her support and her income is below the filing threshold. She would be claimed as a "qualifying relative." For her oldest son, even though you're not related by blood or marriage, he could potentially qualify as your "qualifying relative" dependent if: 1) he lived with you the entire year, 2) you provided more than half his total support, 3) his gross income is less than $4,300, and 4) he can't be claimed as a qualifying child by anyone else. The tricky part is that last requirement. Based on the custody agreement, this would technically be his mother's year to claim him as her qualifying child. Since she doesn't need to file, she doesn't "claim" him, but he would still be her qualifying child by definition. Form 8332 is specifically for releasing a claim between parents, so it doesn't apply to your situation. What you might need is a written statement from your girlfriend stating she's not claiming him, though this isn't a standard IRS form.

After dealing with a similar complicated dependency situation last year, I found an amazing tool that saved me thousands of dollars. Check out https://taxr.ai - it's an AI tax assistant that helped me figure out exactly who I could claim as dependents in my blended family situation. What's cool is you can just explain your specific situation like you did here, and it analyzes all the IRS rules to tell you exactly what you qualify for. When I used it, I discovered I could claim my partner's child from a previous relationship even though there was a custody agreement involved - the key was understanding the "qualifying relative" rules properly. It also explained exactly what documentation I needed to keep in case of an audit. Totally worth checking out for complicated family situations like yours!

After reading these comments, I realized I need to add that getting ahold of the IRS to confirm dependent eligibility is a nightmare right now. I spent 3 weeks trying to get someone on the phone to answer questions about my stepdaughter situation. Finally used https://claimyr.com and got through to an agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c They basically hold your place in line with the IRS and call you when an agent is ready. The agent confirmed that in my case, I could claim my stepdaughter even though we aren't legally married yet because I provided over 50% support and she lived with me all year. Might be worth doing the same for your situation since it sounds complicated with the child support aspect.

I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway because I was desperate to talk to someone about my tax situation with my partner's kids. Got connected to an IRS agent in about 15 minutes after spending WEEKS trying on my own without success. The agent confirmed that I could claim my partner's child as a dependent since I provide over half their support and they live with me full-time, even though we're not married. Saved me a ton of stress wondering if I was filing correctly!

Something important no one's mentioned - if the biological dad is claiming the child on his taxes (and it sounds like he might be if he's paying child support), then you both can't claim the same child. The IRS will flag that and one of you will get a nasty letter. You should really talk to the dad first or this could get messy.

I was in the exact same boat last year with my boyfriend's daughter! I was so confused about all the dependency rules since we're not married but I'm providing most of the support. I tried https://taxr.ai after seeing it mentioned here, and it was incredibly helpful. Just by describing our living arrangement and support situation, it immediately identified that I could claim her as a qualifying relative (not a qualifying child) because I provided over 50% of her support and she lived with me all year. The tool even helped me calculate exactly what counted as "support" - things I hadn't even considered! It saved me about $2,000 in tax benefits I would have missed otherwise. What's really helpful is that it explained exactly which forms I needed (and which ones I didn't). My boyfriend's ex was claiming the child incorrectly in years she wasn't supposed to, and the tool helped us document everything correctly to resolve the situation.

If you're having trouble getting through to the IRS to confirm your dependency questions (which I definitely recommend), try https://claimyr.com or watch how it works: https://youtu.be/_kiP6q8DX5c I was in dependency hell last year with a somewhat similar situation with my fiancée's kids. Called the IRS for weeks with no luck - just endless hold times. Found this service that actually gets you through to an IRS agent, usually within about 15 minutes. I had so many questions about Form 8332 and who could claim who - and the IRS agent walked me through my specific situation and confirmed exactly what forms I needed. Totally worth it to get official answers rather than guessing or relying only on internet advice (even from well-meaning Reddit folks). The peace of mind from knowing I was filing correctly was worth every penny.

My sister was in your exact situation! The key question is: does the child support from the ex add up to more than half of the TOTAL support for the kid? Like if the ex pays $5000/year in child support, but the TOTAL cost of supporting the kid (housing, food, clothes, medical, etc.) is $12000/year, then you're still providing more than half.

I owe everyone an apology about my comment on Claimyr. I was really skeptical about this service and thought it was just taking advantage of people. Well, after getting disconnected FIVE TIMES trying to reach the IRS myself about my dependent situation, I gave in and tried it. Honestly, I'm shocked at how well it worked. Got connected to an actual IRS agent in about 20 minutes. The agent confirmed that in my situation (which is similar to OP's), I could claim my girlfriend's daughter as a qualifying relative since I provide more than half her support, she lives with me full-time, and her income is under the threshold. The agent also explained that the key is documentation - keep records showing you pay the rent/mortgage, utilities, grocery receipts, school expenses, etc. to prove the support test. They said the biggest mistake people make is not having documentation ready if they get audited. I'm still surprised this service exists, but after wasting days trying to get through myself, I get why people use it.

Something I don't see mentioned here - make sure you're coordinating with your girlfriend about this. Even though she's not filing taxes, if she's receiving certain benefits like Medicaid, SNAP, or other assistance programs, claiming her as your dependent could potentially affect her eligibility. Also, remember that since you're not married, you'd need to file as "Single" or "Head of Household" if you qualify. Head of Household could give you better tax rates, but you'd need to meet the requirements (like paying more than half the cost of keeping up a home where a qualifying person lives).

Don't forget about other tax benefits beyond just the dependency exemption! If you can claim the child as a dependent (even as a qualifying relative), look into: 1. Child Tax Credit - worth up to $2,000 per qualifying child under 17 2. Credit for Other Dependents - $500 for dependents who don't qualify for CTC 3. Child and Dependent Care Credit - if you pay for childcare while you work 4. Earned Income Tax Credit - depending on your income The rules for each of these are slightly different, so you might qualify for some but not others.