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June 5, 2019
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Can my fiancé claim my son and I as well as our new baby if we are not married?

  • June 5, 2019
  • 5 replies
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Best answer by DianeW777

The new baby can be claimed by your fiance as a qualifying child if the birth was December 31st or earlier for 2017. 

Your son, if not the child of your fiance may be a qualifying relative, but not a qualifying child because the relationship rule will not be met until you are married. He cannot be the qualifying child of another person such as his Father.

You might qualify as a Qualifying Relative if you had income below $4,050 and you lived with your fiance all year. Click the screenshot attached to enlarge and view.

The rules for a qualifying child are show here

Relationship
  • Your son, daughter, adopted child1, stepchild, foster child2 or a descendent of any of them such as your grandchild
  • Brother, sister, half brother, half sister, step brother, step sister or a descendant of any of them such as a niece or nephew
Age
  • At the end of the filing year, your child was younger than you (or your spouse if you file a joint return) and younger than 19
  • At the end of the filing year, your child was younger than you (or your spouse if you file a joint return) younger than 24 and a full-time student
  • At the end of the filing year, your child was any age and permanently and totally disabled3
Residency
  • Child must live with you (or your spouse if you file a joint return) in the United States4 for more than half of the year
Joint Return (not applicable for small children since they would not be married)
  • The child cannot file a joint return for the tax year unless the child and the child's spouse did not have a separate filing requirement and filed the joint return only to claim a refund.

5 replies

Employee
June 5, 2019
Did you all live together for the entire year of 2017?  Did YOU have less than $4050 of income in 2017?
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
haney4812Author
June 5, 2019
Yes we did live together for the entire year. I am not sure what my total income was though.
Employee
June 5, 2019
Then you will need to wait to see what your income was when you get your W-2 so you can tell if he can claim you.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
haney4812Author
June 5, 2019
Okay thank you
DianeW777Answer
June 5, 2019

The new baby can be claimed by your fiance as a qualifying child if the birth was December 31st or earlier for 2017. 

Your son, if not the child of your fiance may be a qualifying relative, but not a qualifying child because the relationship rule will not be met until you are married. He cannot be the qualifying child of another person such as his Father.

You might qualify as a Qualifying Relative if you had income below $4,050 and you lived with your fiance all year. Click the screenshot attached to enlarge and view.

The rules for a qualifying child are show here

Relationship
  • Your son, daughter, adopted child1, stepchild, foster child2 or a descendent of any of them such as your grandchild
  • Brother, sister, half brother, half sister, step brother, step sister or a descendant of any of them such as a niece or nephew
Age
  • At the end of the filing year, your child was younger than you (or your spouse if you file a joint return) and younger than 19
  • At the end of the filing year, your child was younger than you (or your spouse if you file a joint return) younger than 24 and a full-time student
  • At the end of the filing year, your child was any age and permanently and totally disabled3
Residency
  • Child must live with you (or your spouse if you file a joint return) in the United States4 for more than half of the year
Joint Return (not applicable for small children since they would not be married)
  • The child cannot file a joint return for the tax year unless the child and the child's spouse did not have a separate filing requirement and filed the joint return only to claim a refund.
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