In order for my fiance to claim my son & I on his taxes do we (see details)?

Question

In order for my fiance to claim my son & I on his taxes do we have to be married before the end of the year or since we are living with him all year can he claim us? Note: I did not work this year at all (I am awaiting disability - dut to horrible condition I have). My son is not his son. His biological father wants nothing to do with him, besides I have a restraining order against him - he is a very violent person to people and physically abused us - that is why I left him). I was never married to my son's father if that makes a difference. The man I am with now is the only father my son has ever known and my son loves him like a dad. I know that has nothing to do with my question, but I thought I would mention that little bit. Anyhow I am just wondering how the tax thing works.

Thanks ahead of time and Serious Answers Only, please.

Answer 1

Yes, if you get married by 12/31, he can claim you as a spouse and your son as stepchild (if he is still a minor).

No, "living together" is not a recognized status by IRS for joint filing./

Answer 2

He can claim you both as dependents if you lived with him all year.  He cannot show you as a spouse, just a dependent.  This is because you had no income.

Answer 3

Your fiance can still claim you and your son even if you are not married. See requirements of Qualifying Relative http://taxipay.blogspot.com/2008/03/requ...  

Answer 4

You say that you and your son lived with your fiance all year, and that you didn't work at all - I assume from that, that your fiance provided over half of your and your son's support.

Whether he can claim you depends on where you live - your relationship can't be illegal by state of local law and have him still allowed to claim you, even if those laws are no longer enforced.  Several states (VA, WV, FL, MI, MS, ND, NC), and a number of local areas, have laws still on the books against cohabitation by unmarried adults.

Sounds like he can claim your son as what's called a qualifying relative, but not as a qualifying child, so he can't get the child tax credit for him, or file as head of household.

If you are married before the end of the year, you can file a joint return, and claim your son and get the child tax credit assuming he's under age 17.

Answer 5

It depends on which state you live in.  In some your living arrangement violates local law so he cannot claim you.

Consult a good tax practitioner.

Answer 6

Here's the difference between marrying and not marrying:

Married.

$10,900 standard deduction.

$10,500 3 exemptions.

married filing joint tax rate.

child tax credit

EIC.

Not Married, but lived together all year.

$5450 standard deduction.

$10,500 ex exemptions

single tax rate.

NO child tax credit.

NO EIC.

There can be a difference of thousands of dollars.