My ex-husband and I have one child that lives with me and I receive child support. I now live commonlaw with someone else. Can I still claim that child as dependent?

[lh2252]

I have always claimed the child as an eligible dependent but I now have a new common-law spouse. Would I still be able to claim that child as an eligible dependent?

[lamanhcb]

To claim your child as an eligible dependent, the following criteria must be met

At any time during the year:

• You did not have a spouse or common-law partner, or if you did, you weren’t living with or being supported by them.
• The dependent was supported by you, meaning you maintained your home and the dependent lived with you. Just visiting doesn’t count.

As you mentioned, you are now living with your common-law and if you are being supported by your common law, you cannot claim your child as a dependent

For more information, please see our TurboTax article Who Can I Claim as a Dependent on my Tax Return?

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