My boyfriend and his 4 children live in my home. My boyfriend has lived here 2 years and the children moved in April 2012. He pays no rent or utilities to live here. He only provides the food for the children. He says he is claiming head of household and the earned income credit on his children. Can he do that? I will be claiming head of household with my one child. Do I have a right to claim his children?

ANSWER

The BIDaWIZ Team's Answer:

Your boyfriend could only claim head of household if he provides over 50 percent of the support for his children living in the home which doesn't appear to be the case. He may be able to claim the earned income credit for his children if he has earned income and meet other necessary requirements. You cannot claim head of household or the earned income credit for his children since they are not related to you.