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February 22, 2023
Question

Child credit

  • February 22, 2023
  • 1 reply
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I (biological mother) did not make enough income to file. I have 2 kids from a previous relationship. I now have 1 child with my current partner who is the the main income. We are not married. If my partner claims the 2 that are not his will he get the child credit for them?

 

    1 reply

    February 22, 2023

    No.  To be a qualifying child for the 2022 tax year, your dependent generally must:

    • Be under age 17 at the end of the year
    • Be your son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half-brother, half-sister, or a descendant of one of these (for example, a grandchild, niece or nephew)
    • Provide no more than half of their own financial support during the year
    • Have lived with you for more than half the year
    • Be properly claimed as your dependent on your tax return
    • Not file a joint return with their spouse for the tax year or file it only to claim a refund of withheld income tax or estimated tax paid
    • Have been a U.S. citizen, U.S. national or U.S. resident alien

    Irs.gov

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    Liny22Author
    February 23, 2023

    Okay, I understand! And to be sure, for my two kids to be considered a step child to my spouse I would have had to been married to him at some point last year, is this correct?

    February 23, 2023

    You would have to be married to your partner on the last day of 2022 for your children to be considered as his step children.

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