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Ravi Malhotra

Qualifying Child dependent rules: Can my boyfriend claim my child if he supported us?

I attended school full time last year and only worked part time. My boyfriend has been supporting me and my daughter financially all year - paying rent, bills, food etc. Would he be able to claim my daughter as a dependent on his taxes? She lived with us the entire year.

Tax professional here. This depends on several factors. The key requirements for your boyfriend to claim your daughter are: 1) She must live with him for more than half the year 2) He must provide more than half of her support 3) She must be under 19 or a full-time student under 24 4) She can't provide more than half of her own support. Even if he meets these, as the biological parent you have first right to claim her unless you release your claim.

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Thank you! She's 6 and he definitely provided most of the support. Do I need to fill out any special forms to release my claim?

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Yes, you'll need Form 8332 to release the claim. Make sure you both keep copies for your records.

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im in the same boat! my gf's kid lives with us and i pay everything. we learned the hard way last year when both tried to claim him lol

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What happened when you both claimed? Did IRS contact you?

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yea got a nasty letter and had to amend. dont make our mistake πŸ˜…

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Not a tax pro but pretty sure unmarried partners cant claim each others kids... might wanna double check that

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This is incorrect. Non-relatives can claim if they meet all qualifying child/relative tests and the biological parent releases claim.

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y'all should just get married tbh makes taxes way easier js πŸ’…

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Another thing to consider - make sure you understand the difference between a "qualifying child" and "qualifying relative" for tax purposes. Since your daughter is 6 and lived with you both all year, she'd likely be considered a qualifying child if your boyfriend provided more than half her support. But as others mentioned, you as the biological parent have the first right to claim her. The Form 8332 is definitely the way to go if you want to release that claim. Also worth noting that whoever claims her can potentially get the Child Tax Credit too, which could be significant depending on income levels.

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