Detroit, MI asked in Tax Law for Indiana

Q: Can my fiance claim my kids and me on taxes?

My children and I have lived with my fiance the entire year. My children have visitation with their dad every other weekend and rotating holidays. To be a qualifying relative, the child must live with him all days of the year. Since they go to their dads for visitation, does that mean they dont live with my fiance and i all days of the year or would visitation with their dad just be like visiting someone else(grandparent, friend, etc.)

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1 Lawyer Answer
Frank Huerta Jr
Frank Huerta Jr

A: If your fiance intends to claim them for the Earned Income Tax Credit or the Child tax Credit, he will be unable to do so because there is a relationship test. The child will fail the relationship test which requires the child to be his own child, a stepchild, or a foster child placed with you by a court or authorized agency.

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