I Support the Kids - How Can I Claim Them On My Taxes

[Dillon21]

Hi
I'm 21 years old. Me and my girlfriend live together with her two kids 2 and 3. I have supported them 100% for the last year and 5 months. Their father can't be found to pay child support.

Can I claim them on my tax returns? My taxable income is about 25k. My girlfriend and I are both full time students. She doesn't work.
They do have their own medical through the state. Last year I wasn't allowed to claim them even though I pay all bills. Rent,clothing, food, diapers. Birthdays, christmas.

I think that's all the information you should need? What are my options to claim them? I have no plans to marry her in the near future.

[flyingron]

Unfortuately, they don't meet the requirement as being a qualifying dependent even if you pay everything.

[aardvarc]

In order to be a qualifying dependent, the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these . In other words, you need to have some tie, biological or legal, to the child, before you get to claim as a dependent. Until then, you're a good samaritan.

[Dillon21]

Figured as much. Does a notarized guardianship paper help?

[aardvarc]

Nope. Guardianships are only legally binding if issued by a court. You can't be appointed as guardian without mom LOOSING her guardianship. If you want to claim the child, marry mom and adopt the child. Otherwise, you're a legal stranger to the child.

[llworking]

In order to be a qualifying dependent, the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these . In other words, you need to have some tie, biological or legal, to the child, before you get to claim as a dependent. Until then, you're a good samaritan.

This is incorrect. The IRS has issued specific instructions on this particular issue. It is true that the children cannot be his qualifying "children" and therefore he would not be able to claim the child tax credit, daycare credits, or EIC for the children. However, according to the IRS they would be qualifying relatives and he could claim the dependency exemptions for the children.

It is not necessary for someone to be an actual relative to be a qualifying relative for tax purposes. They must 1) have lived in his home the entire year, 2) had income less than the dependency exemption, 3) must be supported by the taxpayer, and 4) must not be the qualifying children of anyone else.

[Dogmatique]

This is incorrect. The IRS has issued specific instructions on this particular issue. It is true that the children cannot be his qualifying "children" and therefore he would not be able to claim the child tax credit, daycare credits, or EIC for the children. However, according to the IRS they would be qualifying relatives and he could claim the dependency exemptions for the children.

It is not necessary for someone to be an actual relative to be a qualifying relative for tax purposes. They must 1) have lived in his home the entire year, 2) had income less than the dependency exemption, 3) must be supported by the taxpayer, and 4) must not be the qualifying children of anyone else.

I agree wholeheartedly and from personal experience will confirm this is correct.

[Dillon21]

Ok thanks for your help with the issue. One last question. I was able to
Claim my girlfriend last year. She has no relation to me, we aren't married or anything. Why is it that I can't claim two other people I support?

I'm unwilling to do this but I'm curious about the marriage thing. Its completely unromantic but If I marry her right now would there be any issue claiming her kids this tax season?

Oh wow I Didn't see the last two posts. So I can claim them as dependants? As I would my girlfriend? Just not as qualifying children?

We would lose out on, what $1500 a child? Would it even be worth claiming them as a relative dependent?

[llworking]

Ok thanks for your help with the issue. One last question. I was able to
Claim my girlfriend last year. She has no relation to me, we aren't married or anything. Why is it that I can't claim two other people I support?

I'm unwilling to do this but I'm curious about the marriage thing. Its completely unromantic but If I marry her right now would there be any issue claiming her kids this tax season?

Oh wow I Didn't see the last two posts. So I can claim them as dependants? As I would my girlfriend? Just not as qualifying children?

We would lose out on, what $1500 a child? Would it even be worth claiming them as a relative dependent?

It would be worth claiming them, it simply wouldn't be thousands of dollars in child tax deductions/credits. It might only be worth 365.00 or so per child. However, that doesn't mean that someone else could legally claim the children and get all those benefits....because in your situation someone else could NOT legally claim those benefits.

[Dogmatique]

Ok thanks for your help with the issue. One last question. I was able to
Claim my girlfriend last year. She has no relation to me, we aren't married or anything. Why is it that I can't claim two other people I support?

I'm unwilling to do this but I'm curious about the marriage thing. Its completely unromantic but If I marry her right now would there be any issue claiming her kids this tax season?

Oh wow I Didn't see the last two posts. So I can claim them as dependants? As I would my girlfriend? Just not as qualifying children?

We would lose out on, what $1500 a child? Would it even be worth claiming them as a relative dependent?

Yes, you can claim your girlfriend too (as a dependent) if your situation meets the requirements.