Can my fiance claim me and my son on his taxes?

Question

I live in florida and I have not worked all year and my fiance is supporting me and my son. Can he claim us even though we are not married yet?

Answer 1

Just get married before the end of the year and make it simple. You'll also be able to file a joint return which will lower the taxes.

Answer 2

If your son lived with him ALL year, and your gross income for the year was under $3500, you don't file a tax return and so don't claim your son, and nobody else can claim him, he can very possibly claim your son if he provides over half of his support.  He couldn't claim him as a qualifying child though, so can't take a child tax credit or file as head of household.

He won't be able to claim you though - cohabitation by unmarried adults is illegal under Florida law, even if they don't enforce it, so he can't claim you.

Answer 3

In Florida, living together without being married is technically illegal so he can not claim you.

If your income is low enough (below $3500 for 2008), he should be able to claim your son as a "Qualifying Relative".  He can not qualfiy for Head of Household, Child Tax Credit or Earned Income Credit but he can get the extra $3500 personal exemption for your son.

Answer 4

No, he can not claim you because he is not legally obligated at this time to support either of you. Even if you do get married, he may not be able to claim your son if your son's father is claiming him on his taxes or paying child support. Depending on state's law, he may need to legally adopt your son, even if you have sole custody, in order to claim him.

*Seek the advice of a qualified CPA before you do anything. *