My son is 8 years old, and while I’m not his biological dad, I’ve been in his life since before he was born. His mom and I split up when he was about 2, but I’ve stayed his dad all these years. This past year, he’s lived with me full-time since February, only going to his mom’s on weekends.
I’ve never claimed him on my taxes before, but this year has been financially rough, and I could really use the tax break. His mom says I can’t claim him because I’m not related to him. Is that true? Any advice would help.
Were you married to his mom? If not, he doesn’t meet the relationship test for a qualifying child. If he isn’t anyone else’s qualifying child, you might have been able to claim him as another dependent, but since he only lived with you starting in February, it sounds like you can’t claim him for 2024. You’d need to provide more details for a clear answer.
August said: @Kingsley
We weren’t married, but he’s been with me for 11 out of 12 months this year. What other details do you need?
You can’t claim him as your child because you’re not related. You could only claim him as another dependent for a $500 credit, but it doesn’t sound like you meet the rules for that either since he didn’t live with you all year.
August said: @Vega
So his mom could have no contact with him for a year and still claim him while I can’t? That seems unfair.
No, she wouldn’t be able to claim him either if he didn’t live with her for more than half the year. It sounds like no one would qualify to claim him as a dependent in 2024.
The short answer is no, you can’t claim him. For tax purposes, he’s not considered your son unless you adopted him or there’s a legal arrangement like foster care. Since he didn’t live with you all year, you can’t claim him as another dependent either. His mom also can’t claim him since he didn’t live with her for more than half the year. Unfortunately, it looks like no one can claim him as a dependent for 2024.
Unless you legally adopted him or have a court order placing him with you, you can’t claim him as your child. For tax purposes, you don’t meet the relationship requirement.