HadIt.com Elder Philip Rogers Posted May 6, 2015 HadIt.com Elder Share Posted May 6, 2015 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.broncovet - I believe step-children are automatically covered by definition. jmopr Link to comment Share on other sites More sharing options...
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