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Can someone claim a child in taxes that is not related to them biologically or by marriage?


My sister-in-law has a 4 year old child. She does not work. Both her and the child have lived with her first husband (not the boys father) since he was born. No one has ever claimed the boy on their taxes. The ex-husband/current boy-friend/sole provider of the household has to pay taxes each year instead of getting a return. Since the mother(my sister-in-law) was once married to the man, she kept his name and that is the boys last name. I have always thought that he should be able to claim him, but they think that since they are not married and the birth certificate lists the father as "unknown" that they cannot. Please Help.

Thank You

If he can prove that he supports the child ; he can claim him. There are quite a few children that have different names than the parent because of people having different relationships. So, having a different name is not going to be a problem. To protect himself he should get a letter from the mother stating that he supports the child.
Maybe you should ask a tax professional. But I dont see why not because you dont necessarily have to be related to be someones dependant and if your sister is his dependant then it only makes sense that her child is one too.
From the facts as you have outlined, the first husband/ex-husband cannot claim the child. Moreover, since the only person related to the child in the house is the mother, who has no income, no one can claim the child.
Confusing question, but I think the answer is yes, the ex-husband can claim him as a dependent. He provides more than 50 percent of the living expenses to take care of him. However, it may cause a red flag to the IRS and he needs to be prepared to prove the support should they call for an audit.
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