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    mritchey's Avatar
    mritchey Posts: 1, Reputation: 1
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    #1

    Mar 13, 2011, 05:55 PM
    Can my Ex. Boyfriend claim our kids that we have together on his tax return?
    All right I have been with this man for 4 1/2 yrs and we have two children together. I am still living with this man because I don't have anywhere to go. All right I already understand that if we depend on him for over 6mnths or so that he can claim them. I don't have a job and he's taking care of me and the kids, so there's my answer-he can claim them!

    Now he tells me that when he starts child support that he can claim them because he's paying child support. He's even saying that he can do this when I finally get a job and able to take care of them on my own. However they will be in my full custody and he will only be seeing them on his days off! All right that's only two days a week that he will be seeing them. Can he claim the kids if they are living with me full time?

    Note- we haven't been to court and don't have anything done legally. This is his word against mine! However I will be able to prove that they live with me and so forth in the future hopefully this year. Can anyone shed some light for me on this one? Please help me!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 13, 2011, 06:14 PM

    He is their legal father, they are living with him, of course he can claim them

    When you don't live with him, who can claim the kids and which years is often covered in the custody agreement.
    missk's Avatar
    missk Posts: 517, Reputation: 44
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    #3

    Mar 13, 2011, 07:15 PM
    If and when the children live with you, you can claim them as dependents on your tax return. Period. Even if the father is paying child support. Again, if they are living with you for more than 6 months, the father can't file them as dependents, even if he is paying child support.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 13, 2011, 07:36 PM
    Quote Originally Posted by missk View Post
    If and when the children live with you, you can claim them as dependents on your tax return. Period. Even if the father is paying child support. Again, if they are living with you for more than 6 months, the father can't file them as dependents, even if he is paying child support.
    Not exactly, in many cases, in the custody agreements, parents have it as part of the agreement, that they take turns claiming the kids. So again, it will be up to the child custody agreement. If there is nothing in the agreement, the custody parent will claim
    missk's Avatar
    missk Posts: 517, Reputation: 44
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    #5

    Mar 13, 2011, 07:59 PM
    True, true. I wasn't thinking of that. I was just thinking of my own, and our agreement was very standard and we had no issues whatsoever.
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