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MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6133
Experience:  Experience in business law, contract law and related matters.
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I'm trying to find out if I can claim a child my partner and

Customer Question

I'm trying to find out if I can claim a child my partner and I have together and what the guidelines are for my situation and if I were to be audited what proof would I need to show that I financially take care of him
Submitted: 1 year ago.
Category: Business Law
Expert:  MDLaw replied 1 year ago.

Hello and thank you for using the Just Answer website. I look forward to assisting you today. I assume you are referring to claiming your child on your federal taxes. Is this correct? Are both of you the child's legal parents/guardians?

Customer: replied 1 year ago.
I want to see if I'm able to claim him on my federal taxes. My partner is the legal mother, we have not married yet and I have not adopted him but I financially take care of him too. She is not filling for taxes she stays home with him because he has severe hemophilia and she is doing online schooling
Customer: replied 1 year ago.
I'm sorry, I meant to ask a tax professional..... Would you still be able to help me on this matter though?
Expert:  MDLaw replied 1 year ago.

If you are not a legal parent and the mother is not filing taxes because she makes too little in income to be required to pay taxes, you can claim the child as a dependent if the child lives with you and did for all of last year and if you paid over 50 percent of the expenses for the child. In terms of proof, proof of expenses and proof that the child did not live with you and that the mother earned no income would be sufficient.

Please let me know if this has answered your question.

Customer: replied 1 year ago.
Well I haven't kept receipts but I do have bank statements that could prove I do financially support him would that be sufficient. And the mother is on government assistance right now and our son just got approved for SSI for his hemophilia
Expert:  MDLaw replied 1 year ago.

As long as you have some type of proof but as long as the mother is not supposed to be filling out tax returns and as long as she does not qualify to claim him, you should be fine. If the child receives governmental assistance, you have to factor that in when determining whether you paid more than 50 percent of his living expenses.

Expert:  MDLaw replied 1 year ago.

Please let me know if I have answered your question. If I have, please be so kind as to leave me a positive rating as that is the only way that we experts get credited for the time spent assisting you with your question since we are not employees of Just Answer and do not get compensated by them. If you need additional information, I'd be happy to continue helping you.

Thank you in advance for your positive rating which allows me to provide this service.

Expert:  MDLaw replied 1 year ago.

I noticed that you have not left a rating. Was there something else I could help you with?