samedi 30 avril 2016

Federal Taxes: Can I Claim 3 Kids That Live with Me and I Support if They Are Not My Relatives

I have lived with my fiancé for 5 years now. In 2013 we won sole custody of his 3 children. They have lived with us ever since and have seen their birth mother once in the last 3 years.

When we got custody it became clear that one person would have to stay home full time because one was a toddler, one had Autism, and one suffered from PTSD (he was afraid to leave the house and would wake up screaming in the middle of the night) as a result of their mother's boyfriend skinning a still-alive deer in front of him. We made the decision that he would stay home, since he was their father and I was little more than a stranger to them. I also made twice what he made, so it was the better option.

Fast-forward to this year when I filed taxes. During 2015 the kids lived with my full-time and I provided 100% of their support, aside from medical expenses that their insurance covers. I claimed them on my 2014 taxes without issue and this year I am being audited because their mother claimed them in her state, even though it's been 3 years since she's seen them.

Going through the paperwork they sent I see that I must provide letters from healthcare providers and the school to prove that they lived with me (I have this). But we are not legally married and therefore they are not technically my step-children, even though I have acted and been seen by them as their mother for 3 years.

I guess my basic question is, what is the best way to handle this? No matter what their mother did not support or even see them during 2015. I lived with them and supported them, among other things, but I am not legally related to them. I am afraid that I will be penalized and barred from ever using EIC again. However, it does state that I "may still be eligible for EIC without a qualifying child." And I also received a letter stating that I "may be eligible for additional child credit".

What are the best documents to provide? I want to provide as much as possible to illustrate that I financially supported them.

Can I legally claim these 3 children?

Am I in any trouble?


Federal Taxes: Can I Claim 3 Kids That Live with Me and I Support if They Are Not My Relatives

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