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who should claim the baby on taxes when parents live together but are not married?

My best friend had a baby this year, she is not married but lives with her boyfriend. Her boyfriend carries the baby on his insurance through his job, his HR said he should claim the baby on his taxes. I think she should claim him regardless of who carries him on insurance. Is there some reason that one should claim him over the other? Is it based on who makes more?

Asked By: rlmcgovern - 1/29/2009
Best Answer - Chosen by Asker
Both unmarried parents who live together are entitled to claim the child for all the benefits, but only one of them can. They cannot split the benefits. Either one takes all the benefits for a child or the other takes all the benefits for the child. If the parents cannot agree then the parent with the higher income... More
Answered By: hrblockrichardk - 1/29/2009
Additional Answers (6)
Whoever pays over 50% of the child's total support is the one entitled to the dependency exemption.
Answered By: Cat - 1/29/2009
 
One of them will file Head of Household and one of them will file Single. They'll have to look at their entire income/deduction picture to determine who should claim the child and who should be Head of Household (it doesn't have to be the same person)
Answered By: Kevin F - 1/29/2009
 
If they live together, the one who benefits most should claim the child. Only one can claim head of household and that is the one who provides more than the cost of maintaining the household. The person that claims this filing status must have a dependent child on his tax return... More
Answered By: hrblockchristinew - 1/29/2009
 
The parent that had the highest amount of taxable income should claim the child. They may qualify for the EIC and the additional child tax credit which would allow them to get a bigger return and not owe as much in taxes. If they are looking to save money, I would do it this way.
Answered By: Kristin C - 1/29/2009
 
I agree with the HR Block Tax Adviser. If they live together, the one who benefits most should claim the child. Only one can claim head of household and that is the one who provides more than the cost of maintaining the household. The person that claims this filing status must have a dependent child on his tax return... More
Answered By: Gem - 1/29/2009
 
Only custodial parent can claim the child. It does not count who is paying child support. If both parents have equal custody of the child, the parent with higher AGI can claim the child... More
Answered By: Jss - 1/29/2009
 
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