Foster Children As Dependents?

[nlualum82]

I think I already know the answer to this but my wife wants me to ask.

DHL took 2 of my grandsons away from one of my daughters.

we have had them for years or so as foster parents. The state sends a check for their upkeep.

Currently as 100% P&T my wife is my only dependent.

Do foster kids count as dependents for VA Disability?

[k5one]

Dependent - Spouse or unmarried child (to include a biological, legally adopted, or step child under the age of 18, or between the ages of 18 and 23 and attending school, or a child who was permanently and totally disabled before the age of 18)

I believe this is the correct definition. I believe you would have to adopt them to get VA benefits, but then you would lose the state benefits. I believe the state benefits are probably more than the VA benefits. At least they are in my state.

[nlualum82]

Thanks, k5one.

Ithought it would be like that. My wife looked up from doing the taxes on April 14th and asked.

[Andyman73]

Well,

Let me tell you something!(hear Fire Marshall Bill from In living color tv show). My folks are the legal adopted parents of one of my brother's 2 kids. They get SSI allotment for them, cuz they are minors and my folks are retired. But Dad gets the VA bump for them as well. That's here in PA.

[Philip Rogers]

You might want to leave it, as is, for now, and then adopt them when they are 17yo, making them eligible for the VA Chapter 35 and ChampVA benefits. jmo

pr

[broncovet]

I think the operative term here is "legally adopted". It appears that Foster Children do not meet that criteria, unless you adopt them.

If you can claim these foster children "as a dependent" on your IRS form, then my guess is they qualify.

You may also want to check the "foster" agreement, as it may well address this issue.

The IRS says you get to claim em if you "provide more than half their support".

Most divorce decrees define who is the "custodial" parent for purposes of the IRS and I assume VA would be no different.

In other words if you married a woman with children, and you provide over half their support as evidenced by the divorce decree, then you should be able to claim them as a dependent, even if you do not adopt them. Me thinks a divorce decree or foster parent agreement, which defines who gets custody, should suffice as evidence for VA.