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    dgsmith101's Avatar
    dgsmith101 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 30, 2007, 04:29 PM
    Non-relative children
    Need Help: my girlfriend and her 3 year old have been living with me since last Feb. and last year his real father claimed him on his taxes (eventhough he doesn't live with him) I am the only person who works in the household. Do I have the 1st right to claim the child on my taxes. His father pays $37/wk child support and sees his son between 1 and 3 days/wk. Plwase help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Oct 1, 2007, 02:10 PM
    Sorry, you are out of luck for this year.

    In order for YOU to claim EITHER the child or the girl friend as a dependent, they BOTH must live with year EVERY DAY of the year. Since they started in Feb 2007, you fail that test and thus cannot claim the boy.

    Now, for 2008, you MAY be able to claim the boy if you provide over HALF of his total support. However, be ready to PROVE that to the IRS, because the real father is going to claim him again in 2008, and the IRS tends to favor biological parents in such matters, especially if he has proof of child support.

    You should be able to claim the girl friend in 2008 with no problem as long as she does not earn at least $3,500 in taxable income.
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