[viking]

Are foster parents allowed to claim their foster children on their 1040?

[mckenna]

i was told that if a foster child is in your home for one calander year, meaning from jan 03-dec 03 and no one else is claiming them, you can claim them. last year i was able to claim my foster son and this year i adopted him, so i can of cours still claim him.

[k9_rossi]

Hmmm, I was told that we could after they have been living in our home for 6months

[saucey95]

I checked the IRS website and talked with our social worker. Both said no if the children are still foster status even if you are going to adopt after the six month waiting period.
Under normal circumstances, a child has to be living with you for six months and not be claimed by anyone else for you to claim them.
Foster children are special situations and the IRS does not allow you to claim them since they are still 'wards of the state'. Only people who have actual written documentation that states 'PENDING ADOPTION' or the like AND obtain an ATIN (adoption tax id number---used in lieu of a social while pending adoption) can claim the child if they've had them for at least six months.
Go to IRS.gov to search for info and talk to your caseworker to be certain.
I saw your other link. Yes, all children who were ever wards of the state whether they have been adopted or not are eligible for free college tuition. The medicaid can be negotiated into your adoption subsidy.

[viking]

I talked to the IRS via e-mail, consulted a CPA and did my own research. If the child has lived with you for the whole year and no one else can claim them, then yes I am able to claim them on my taxes. Who knows for sure because other people I talked to did not know. So I will run the 1040 in and see what happens.

[saucey95]

Oh wow! That's really great. Let us know how it goes.
We got a bunch of different answers also so it's really confusing.

[jamie3]

I was told that foster parents can NOT claim foster kids on income tax because they are the state's dependents not the foster parents'. The state is the primary financial provider. Also I think if foster parents were able to claim them on taxes they would also have to claim their income as taxable as well.

Your foster home developer should know the answer to this question.

[viking]

I just received my federal income check. I claimed all three of my foster kids and took the $1000 credit for each child. The check was the amount I expected.

[celinenj02]

After 4 years of having my foster (now adopted) son, I just learned that I could have claimed him for 01, 02 and 03. Yes, you can claim your foster children if they have lived with you for 6+ months of the year and if you own a home.

Unfortunately, our return was rejected this year because my son's bio father (who met him once for an hour) claimed him on his tax return and has been doing so for the past 3 years as well.

I am so crushed for my son to know this man has again used him for his own personal gain. Mind you he never provided even one cent for his care, yet he has the gall to claim him as a dependent. How can people be so low?

Anyhow, I must now file a paper return which will take 4 to 6 weeks to get my refund instead of 2 weeks. I don't care, so long as this bozo gets investigated.

I am writing to tell you all that if you run into this problem, file a paper return and attach a copy of the placement letter from your agency and any other proof that child lives in your home. We had our social worker write a letter and we also attached a copies of the court order terminating bio clown's parental rights back in 02.

I was told by the IRS today on the phone that I will get the credit and that the "other party" will be investigated for fraud. When they catch up with him (fat chance) he will have to pay back the money, plus interest and penalties and I couldn't be happier.

I am now also going to amend my tax returns from 01 and 02, so he has to pay that money back too.

Don't just accept it that oh well, someone else has claimed the child so now you can't. You CAN! So long as you own a home and the child lived with you for more than 6 months of the year.

Now I am wondering if this clown will keep on doing it year after year or is there any way I can stop it from happening. I can try to change the social but I still don't want him using the old one to get money. It's the principle more than anything. Hasn't he used this child enough for personal gain$$$. Some biological parents are deplorable.

[mckenna]

change the ss # immediatly after adoption so this does not continue to happen. once the social is changed, he will not be able to claim him under the old one as the irs will figure this out.

[celinenj02]

Thanks McKenna. Have you had success changing the ss#? I don't even know where to go or how to begin. Any advice? The CW said he would take care of it, but I don't even think he remembered. He hasn't mentioned it since.

[mckenna]

because my son was born in a different state than he was adopted in, it took a while for his new birth cert (which is now with my accountant) so i had to wait til i got that and a day off during the week to get a new ss, but i have called the ss office and they said all i need is his adoption decree and new birth cert and they should be able to take care of it quickly.

[celinenj02]

That's a relief! Good luck to you too And thanks again for your help!