My daughter on the last day of Jan 2006, ran away from home. She said she didn’t want to come home, so the State decided to keep her (no abuse, she just didn’t want to come home). She’s since been diagnosed as bipolar and is receiving treatment. She turned 17 in February 07. My wife and I pay child support to the state.

So the question is… How do I treat this? Having only been in the home a month in 2006, Is she a dependent I can claim? We pay the state child support. If I can’t claim her as a dependent, can I claim the child support payments? If I can claim the payments, does that include payments charged against me in 2006 or only what’s been paid in 2006? It took them six months to set up the payments, so now we have back support to pay as well.

Thanks to anyone who can help.
She is not in state custody for mental treatment, only that she’s getting it in the form of regular therapy and medication while she’s there. The state is going to hold her until she is 18 and out of high school. At that time, I expect her to return home at least for a while until she figures out what she’s going to do when she grows up. Thanks to everyone whose answered so far, hope this helps clarify things a little.
Forgot to mention. I believe I’m paying more than all the support, but I wouldn’t have a clue where to go to find out. In this state, support is figured out per a scale that factors gross salary, benefits, etc.. It’s not figured on actual costs per child. The court enforces it, but is not allowed to set the amount. Due to my salary, I believe I am in the category of giving more than my share to help make up for those that can’t, but that’s just personal opinion based on no facts I can find, and opinions are like belly buttons.

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7 Responses to “Can I Claim a Dependent Child currently in State Custody?”

1. Janet P on October 26th, 2009 4:00 am

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   I dont know if you can claim child support, but she is NOT your dependant, she is a ward of the state and their dependant.

2. netthiefx on October 27th, 2009 1:07 am

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   As far as I know, you should be able to deduct all of these payments so long they do not exceed the maximum deduction allowed by law.

3. Jeff on October 27th, 2009 2:08 am

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   No, you cannot claim the child as a dependent and you cannot claim the child support.

4. bostonianinmo on October 28th, 2009 10:03 am

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   That depends upon how her custody with the state is characterized. From what it sounds like, she is receiving medical care at a state facility and is still your dependent as you are paying support. Assuming that her absense is temporary for medical treatment, you are still entitled to claim her as your dependent.

5. ninasgramma on October 30th, 2009 10:25 pm

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   Since your child did not live with you for more than six months, she is not a qualifying child on your tax return. From your question, it seems that her absence is not a temporary one for treatment, the child has left your home. You will not be able to take the child tax credit or earned income credit based on this child.

   She can be a qualifying relative if

   1. She earned less than $3,300
   2. You provided over half of her support.

   Are you paying the state more than half of her support? Or is the state paying more than you? The answer will determine whether you can claim a dependency exemption for her or not. If you can claim a dependency exemption for her, you will get an exemption of $3,300 but no other deductions or credits.

6. Mathew on October 31st, 2009 3:28 pm

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   You may claim the child as a dependent if the child is temporarily absent from the household and it is reasonable to assume that the child will return to the household, and the household or a substantially equivalent household is maintained in anticipation of the absent child’s return. Examples of temporary absences include absence due to imprisonment, illness, business, vacation, military service, or education. You would not be permitted to take any deduction for the care unless you could make a case that it is medical treatment. You might take a look at the order requiring you to make the payments.

7. dolly d on November 2nd, 2009 4:36 pm

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   sorry for your problem,regarding your daughter–if not mistaken once there in stae custody,they can not be claimed on taxes–if she had resided in your household–for 6 months,,then yes,,i don’t know about back supporthave you contacted your state official–to get results-call the place she’s residing,,and ask them for some numbers and some help

   my prayers are with you and your family