Can my fiance file his taxes as head of household, and claim me and my children as dependents?
Generally, you may claim head of household filing status on your tax return only if you are unmarried and pay more than 50% of the costs of keeping up a home for yourself and your dependent(s) or other qualifying individuals. Your fiance is unmarried, so he satisfies that element. In order for him to claim the children as dependents, however, he needs to pay more than 50% of the costs for himself and the children. Additionally, the children must have lived with him for at least half of the year before he can claim them as dependents. Also keep in mind the required elements of being a qualifying child. The I.R.S. typically requires that the child have a legal relationship with the individual who is claiming them as a dependent. By “legal relationship,” I mean that they are a son, daughter, stepchild, foster child or a descendant of any of those. There either needs to be a biological connection or a legal connection, such as through adoption. If your fiance is not the father of your chil