Can I claim HOH if my 1 year old son, his fully disabled father and I have lived together for all of 2011? ?

My son's father was in a terrible motorcycle accident 3 years ago that has landed him on permanent disability. We lived with my parents and provided half of the bills until we started renting a condo in June 2011 He gets $700 a month social security and I provide more than 50% of our family income. My question is can I claim both him and our son as a dependant this year? How can I prove we lived together the whole year and that I provided more income than he? Does anyone have experience with this or am I better off filing my son and I only as single? Also, I plan to bring this up with a professional once I receive my forms.

2 Answers

  • 9 years ago
    Favorite Answer

    I assume HOH is Head Of Household. If you were the only wage earner and you were supporting your child and you are unmarried - then YES, you are the head of your household.

    Now for the bad news- If this live-in person is paying rent to you - then you must claim it on your taxes. It counts as income and you will have to establish and prove that you have provided more than 700 a month to support the father of your child. If you are married, it's a different ballgame altogether.

    Yes, you do need a tax professional because one wrong move could cost you a lot of money and grief with the IRS! If you ever need help from welfare or food stamps, for you or your son, having a live in renter is different than having a live-in dependent. I hope you already had a child support agreement that the court has passed a judgment on (if you are not married). If you are married, you file jointly and the condo lease should be in both of your names. You do not refer to this person as your husband, so I have to assume you are not married. You should think about rectifying this and weigh the monetary differences with a tax attorney to ensure that you and your son are compensated in the event disabled person dies or becomes unable to care for himself at home.

    I am currently weighing the differences of having my adult child/landlord making me a dependent in order to get dental insurance and better medical options that my state does not offer. The downside is that she will have to provide quite a bit of paperwork to prove she provides 51% to my care. I may need to make her my payee...adding even more burden to her already heavy load. It was her idea and we are sitting down in a few weeks with her tax people and waiting to hear from the insurance. I am already disabled an this will put me in the category of a child and my child will be my keeper. Not a thrilling choice in my mind. I still have some pride left....albeit stubborn pride!

    Food 4 thought.

  • Judith
    Lv 7
    9 years ago

    You can't claim your son's father as a dependent of yours. As for proving income I don't understand what the problem is - he will get a form 1099 from Social Security and you get W2 forms. The problem comes in figuring out who is contributing more to your son's support and who can claim him as their dependent - you or the boy's father. I'd say that the person with the highest income wins.

    And maybe you should not assume that everyone knows what HOH is; I haven't a clue.

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