IRS saying my fiance has to prove paternity?

That's a tough one, since he can only claim them if they are his biological children - those rules changed somewhere right about 2004. The mother's boyfriend isn't allowed to claim them, since aside from the fact that they didn't live with him for the required time, they aren't his biological children. His claim has most likely already been disallowed - unfortunately, your fiance got caught up in the mess the mom's bf created by claiming them. If he wasn't listed on the birth certificates I can see why they are asking for more info, and it might end up with DNA tests required for proof of paternity. Most of the other info they've been asking for is to prove that they lived with him for over half of the year, another requirement to claim them.

About all you and your fiance can do is continue to work with the IRS and do whatever they ask you to. He's in a fairly unusual situation so it's not surprising they are looking for a lot of proof.

From what you say, he can claim them. If for any reason he gets turned down on his claim, contact the taxpayer advocate at 1-877-777-4778. They won't get involved though until you've gone through all the normal channels.

Good luck.

The easiest time to establish paternity is at the hospital when the child is born--that is, get the father's name on the birth certificate.

Your fiance needs to go find a lawyer and take her to court. It will get expensive as he'll likely have to pay for DNA tests. If the children are living with him, he needs to get legal custody awarded to him!

Unfortunately, he is already doing what the IRS asked, sending documents, but as you've realized if he's not on the birth certificate, the IRS will question whether or not he's the father. If only one child is in school, only one school can write a letter. (What about child care? Or did he get this for free?)

The mother's situation is clearly questionable. Her boyfriend wouldn't have been able to claim the children unless the kids lived with him ALL year.

However, the IRS may decide they did live with her, that she had no reason to file and not let anyone claim them.

As the other poster states, the rules changed in 2005. In 2004, the old rules, you had still be able to show you provided more than half of a dependent's support to claim the exemption as well as show a biological child lived with you for more than 6 months to claim Head of Household and/or EIC. A non-relative could be claimed as a dependent if they lived with you all year, but would never qualify you for Head of Household or EIC.

Since the kids last name is hers, he will have to get DNA test done to prove they are his, even tho he has had custody of them since they were born.

Then I suggest he officially adopt them and change their name to his. This will prevent a lot of problems in the future.

CONDITIONS ARE TO BE FULFILLED AS IT IS A PREREQUSITE.