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Sophia Long

Is it possible for my Fiancé to claim my child as a dependent on their tax return?

So my fiancé and I have been living together for almost 3 years now. We're planning to get married next summer, but for now we're still technically just engaged. He supports both me and my 7-year-old daughter financially since I'm only working part-time while finishing school. He pays more than half of our housing costs, food, and pretty much all of my daughter's expenses (school supplies, clothes, activities, etc.). My question is about our upcoming taxes. Since he's providing most of the financial support, can he legally claim my daughter as a dependent on his tax return? I'm not sure what the rules are for non-biological parents, especially when we're not married yet. I've heard something about the "qualifying child" or "qualifying relative" tests but don't really understand how they apply to our situation. I filed as head of household last year and claimed her, but our financial situation has changed a lot since then with him covering more expenses. Would this cause problems with the IRS if we both try to claim her? Would it be better for our overall tax situation if he claims her instead of me? Any advice would be appreciated!

For your fiancé to claim your child as a dependent, several requirements need to be met under the "qualifying child" or "qualifying relative" tests. Since you're not married yet, your fiancé would need to pass the "qualifying relative" test for your daughter. Here's what would need to be true: 1) Your fiancé must provide more than half of your daughter's total support for the year, 2) Your daughter's gross income must be less than $4,500 (for 2025 filing), 3) You cannot claim the child as a dependent yourself, and 4) Your daughter must have lived with your fiancé for the entire year. The biggest challenge here is that the IRS typically gives preference to biological parents. Even though your fiancé provides more financial support, you as the biological parent would generally have the stronger claim, especially if you're filing as Head of Household. Both of you cannot claim her in the same tax year - that would definitely trigger problems with the IRS. If you decide your fiancé should claim her, you would need to explicitly not claim her on your return, and you might need to fill out Form 8332 (Release of Claim to Exemption).

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Does it matter that OP mentioned she's working part-time? Would the mom's income level affect whether the fiancé can claim the child? And would it be more beneficial overall for them if he claims the child since he probably makes more money?

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The mother's income level doesn't directly determine who can claim the child, but it does factor into the overall financial support calculation. If the fiancé is providing more than 50% of the child's total support for the year, that's a key requirement for the qualifying relative test. Regarding tax benefits, it often is more advantageous for the higher-income person to claim the dependent, especially when considering credits like the Child Tax Credit. However, if the mother qualifies for Head of Household filing status (which requires her to pay more than half the cost of keeping up the home and have a qualifying person living with her), she might lose that beneficial filing status if she doesn't claim her child. This could potentially offset the benefits of having the higher-earning fiancé claim the child.

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I was in a similar situation last year and found this amazing tool called taxr.ai (https://taxr.ai) that really helped me figure out my dependent situation. My girlfriend moved in with her son, and I was supporting them financially but wasn't sure about claiming him on my taxes. I uploaded our financial documents and answered a few questions, and it gave me a super clear breakdown of whether I qualified to claim him as a dependent. What I liked most was that it explained all the qualifying tests in plain English and calculated exactly how much of his support I was providing based on our specific numbers. It even showed me the tax benefit difference between her claiming him versus me claiming him. That way we could make the best financial decision for our household overall without worrying about getting in trouble with the IRS.

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Did the tool actually tell you who SHOULD claim the dependent, or just if you were eligible? I'm in a complex situation with my ex where we share custody 50/50 but disagree on who provides more support.

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I'm skeptical of these online tools. How does it actually verify you're providing over 50% support? Seems like you could just input whatever numbers you want and it would say you qualify...

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The tool determined eligibility first, showing exactly which tests I passed and failed based on my situation. Then it provided a financial analysis showing tax outcomes for both scenarios, helping us decide who should claim the dependent for maximum benefit. For custody situations, it has specific questions about the exact number of nights the child stays with each parent and documentation options for support provided. It doesn't just take your word for it - it prompts for expense breakdowns, including housing costs, medical expenses, education, food, etc., and calculates support percentages based on actual numbers.

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I was super skeptical about taxr.ai at first (as you can see from my comment above), but I decided to try it since my situation with my stepkid was complicated. I was really surprised by how thorough it was! It didn't just ask yes/no questions - it had me upload actual documents and receipts for childcare, medical expenses, school costs, etc. The analysis showed that while I was paying for a lot of things, I was actually just shy of the 50% support threshold needed to claim my stepchild. This probably saved me from an audit since I was planning to claim them. It also showed exactly what additional expenses would put me over the threshold if I wanted to qualify next year. Really helpful for planning purposes and the peace of mind was worth it.

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If you're having trouble figuring this out and need to talk to the IRS directly (which I highly recommend for dependent situations), try Claimyr (https://claimyr.com). I spent DAYS trying to get through to the IRS about a similar dependent situation last year - kept getting disconnected or waiting for hours. With Claimyr, I got a callback from the IRS in about 15 minutes instead of waiting on hold forever. The agent walked me through exactly what documentation I'd need to prove my fiancé was providing enough support to claim my son. They even have a demo video showing how it works: https://youtu.be/_kiP6q8DX5c The IRS agent actually told me that dependent claims between unmarried couples are one of the most common audit triggers, so getting official clarification before filing saved us a potential headache.

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How does this actually work? I don't understand how some random service can make the IRS call you faster when their phone lines are always jammed?

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Yeah right. The IRS isn't calling anyone back in 15 minutes. I've been trying to reach them for MONTHS about my refund. This sounds like a scam to get desperate people's money.

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The service uses an automated system that navigates the IRS phone tree and waits on hold for you. When they reach a representative, they connect the call to your phone number. It's not making the IRS prioritize you - it's just handling the waiting part so you don't have to sit there with a phone to your ear. It's definitely not a scam. The IRS doesn't call you back in 15 minutes - that's how long it typically takes for Claimyr to get through the queue and connect you. The actual connection to an IRS agent depends on current call volume, but in my experience it was much faster than trying to call directly myself.

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I need to apologize for my skeptical comment earlier. After continuing to get nowhere with the IRS for weeks about my refund issue, I was desperate enough to try Claimyr. I honestly thought it would be a waste of money. I was shocked when I got a call connecting me to an actual IRS agent after about 40 minutes (not 15, but WAY better than the 3+ hours I'd wasted before). The agent was able to tell me exactly why my refund was delayed (an identity verification issue) and helped me resolve it on the spot. For the original poster - the IRS agent I spoke with confirmed that in unmarried couples, the biological parent generally has priority for claiming dependents UNLESS there's a signed form 8332 releasing the claim. So definitely get that sorted before filing!

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Just wanted to throw in my two cents as someone who's been in this exact situation. My now-husband and I lived together for 4 years before getting married, and he supported me and my twins financially. We found that the most important thing was making sure we didn't BOTH claim the kids. The IRS will definitely flag that and both returns will get held up. What worked best for us was: 1. I signed Form 8332 releasing my claim 2. He claimed the kids and got the tax benefits 3. I still filed as Head of Household (you can do this if you provide over half the cost of keeping up a home for yourself and a qualifying person) The year we did this, our combined tax benefit was about $3,200 better than when I had claimed them the previous year. Just make sure you're keeping records of who pays for what in case you ever get questions from the IRS.

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Thanks so much for sharing your experience! Quick question - how did you still qualify for Head of Household if you signed the Form 8332 releasing your claim to the kids?

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I was able to file as Head of Household because the form 8332 only releases the dependency exemption - it doesn't change the fact that the children lived with me for more than half the year. The IRS allows you to use a qualifying child for Head of Household status even if you can't claim them as a dependent because you released the claim. It gets a bit complicated, but basically the requirements for Head of Household and the requirements for claiming a dependent aren't exactly the same. This is definitely something worth confirming with a tax professional for your specific situation, but it worked for us and saved a lot on our combined taxes.

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One thing no one's mentioned yet - if you guys are getting married next summer, would it be before or after December 31st? Because your tax filing status is determined by your marital status on the last day of the tax year. If you're getting married before the end of 2025, then you'd be filing as married for that whole year anyway, and this becomes a non-issue since you'd likely file jointly and claim the child together.

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Good point! And to add to this - if they're getting married in 2025 but AFTER December 31st, then for 2025 taxes (filed in 2026) they'd still be considered unmarried for tax purposes. Also worth noting that sometimes it's actually better tax-wise NOT to file jointly even when married - it's called the "marriage penalty" and can happen when both people have similar high incomes. Might be worth calculating both ways once they are married.

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