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My boyfriend and I have been taking care of my friend’s 14month-old son for the past year. The baby lives in our home (for the most part) 6 days a week and spends about 1 night a week with his mother. Although she recieves cash-aid, food-stamps and wic (which provided the formula up to Nov.06) we pay for about 98% of his expsenses ourselves; including: rent along with up-keep expenses in the apt (utilities, repairs…), food, and everything else a baby needs. Problem is, there is no legal documentation of this only our spoken agreement with his mother. I’m pretty sure his mother dosen’t file taxes. Is there anyway I can file him as my dependent? Maybe file as “head of household”? ( I do support more than 50% of our household expenses) Any forms I need to fill out? Do I have any options?

5 Thoughts on Can I claim my friends son as my dependent because I am the primary care taker through our mutual agreement ?
  1. Reply
    zil28ennov
    November 14, 2012 at 5:23 pm

    If you have proof that he lives with you then you should be able to claim him. But if she is receiving cash-aid, food-stamps, and wic on him while he lives in another residence then she could get into trouble.

  2. Reply
    tma
    November 14, 2012 at 6:15 pm

    im pretty sure you can claim him as your dependent since he meets the tests of a “qualifying relative”

    you could also file as head of household.

    you could probably also get the child tax credit. if you pay for daycare you could also claim the childcare credit.

  3. Reply
    WealthBuilder
    November 14, 2012 at 6:43 pm

    He’s not your dependent to claim. He’s his mom’s.

    The baby doesn’t meet the tests. This is NON negotiable.

    There are 5 dependent tests. I’ll highlight 1 of them. If you fail JUST ONE of the tests, the child is not a dependent.

    1. Relative / Member of the Household. The dependent must be either a relative (he is not, he’s a friend’s child) OR he must live in the house the entire year. (He does not, 6 of 7 does not cut it).

    Tax Advisor

  4. Reply
    pnut
    November 14, 2012 at 7:17 pm

    go to IRS.gov for your answers. I think you can claim this child but the parent must sign a form and then not claim the child herself.Be prepared to show receipts. A child has to live with you I think 9months of the year which I am sure 6 days out of 7 will cover. It does not need to be your child either as I claimed a non relative child in the past.

  5. Reply
    gergnamhel
    November 14, 2012 at 7:45 pm

    sorry uou don’t meet the criteria of the child being a blood relative or officially adopted-but what you are doing is terrific. maybe you could see the county about an open adoption, get tyhe paperwork and be legal all the way around

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