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March 3, 2025
Question

My Child was in Foster Care for 8 months. Can i claim her as a dependent

  • March 3, 2025
  • 3 replies
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    3 replies

    March 3, 2025

    No.    If the child was not with you for at least six months in 2024 you cannot claim the child as your dependent.

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    March 3, 2025

    In order to claim your child as a dependent, she would have needed to live with you for more than six months of the year. There is an exception for temporary absences, however being placed in foster care is not considered a temporary absence. Therefore, you would not qualify to claim her as a dependent for 2024.

    March 4, 2025

    The child is not your qualifying child dependent because they did not live in your home more than half the year.

     

    The child could possibly be a qualifying relative dependent ($500 tax credit for "other dependent", not $2000 qualifying child dependent credit) but the facts are very specific.  The following facts would have to be true:

     

    If the foster placement was by a state agency or agency approved by the state:

    1. Even though the child was in foster care, they lived with different families, so that the child did not live with any person more than half the nights of the year (183 or more nights)

    2. You paid more than half the child's overall financial support (even including the state and the other foster parents) OR you get signed permission to claim the child from everyone else who paid more than 10% of the child's support.

     

    If the foster placement was not official:

    1. The placement was not with a relative (your parents, your siblings, or a older child)

    2. You paid more than half the child's overall financial support (even including the state and the other foster parents) OR you get signed permission to claim the child from everyone else who paid more than 10% of the child's support.