I have lived with my girlfriend the past year. I file single/no dependants. She has 3 children and files head of household. Since you don't get credit for more than 2 children, could I claim her oldest child? Neither one of us want to cheat the IRS or cause a mess for either one of us. We were just curious if it was legal, since we aren't married. She solely supports the child, without help from the father. I also provide help. Also, the child is sixteen and is working. She made just over $1000.00 in 2007. Does she need to file too? Any help is greatly appreciated.

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Originally Posted by captaindan

Since you dont get credit for more than 2 children, could I claim her oldest child? neither one of us want to cheat the irs or cause a mess for either one of us. We were just curious if it was legal, since we arent married. She solely supports the child, without help from the father. I also provide help. Also, the child is sixteen and is working. She made just over $1000.00 in 2007. Does she need to file too? Any help is greatly appreciated.

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Why do you think your GF can only claim two dependents? If she provides support for all 3 and no one else is claiming the children as dependents, then she can claim all 3.

You can not claim any of the children as your dependent because you are not providing 50% of any of the children's support.

The child who works may not be required to file a tax return, but should in order to get any taxes that were withheld by her employer back.

That was my question too - why can't she claim all three? My parents had three children and claimed all of us. Did the law change?

No, the law did NOT change. Your GF CAN claim all there children, including the one who worked.

Who said she does not get credit for more than two children?
1. If you have two dependents, your exemption increases by $6800 (2 x $3,400). It you have three kids, your exemption increases by $10,200 (3 x $3,400), and so on.
2. Your child tax credit increases if you have more kids (that is there is no 2 kid limit). For two kids the credit is $2,000 and for 3 kids it is $3,000.
3. Only your Earned Income Credit is same if you have 2 kids or more than 2 kids.

Yes, if your girl friend is not making enough money, the extra deduction of $3,400 and a tax credit of $1,000 won't increase her refund. Yes, only Earned Income Credit is refundable credit. She may get Additional Child Tax Credit.

Agreed!