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Questions & Answers
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Q509: I am now supporting 3 step grandchildren ages 9, 11,and 14. Can I claim them? I have custody paperwork from mother signed over to my wife and I.
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A1: Yes, most definitely. (BL) 8/30/20
A2: Contact an Accredited VSO with the DAV, VFW, Am Legion or any Service Organization. They will explain and guide you through the process. (GH) 8/30/20
A3: The best thing to do is call the VA up at 1-800 827-1000 and ask them. That way you will get the right answer. (JP) 8/30/20
A4: In short, yes. If you provide over half their support, you may claim them as dependents on your federal tax return whether or not they live with you. If they live with you, and you otherwise meet the requirements, you can claim them for the earned income tax credit. However, there are income and age considerations to be eligible for that credit. You should check with either an income tax professional or at the IRS web site, www.irs.com. (DL) 8/30/20
A5: If you are asking to claim them on a VA claim, it is only possible if they are legally adopted by you. Here is the VA Law concerning this issue.
38 CFR 3.57 Child.
(a) General.
(1) Except as provided in paragraphs (a)(2) through (4) of this section, the term child of the veteran means an unmarried person who is a legitimate child, a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death, or an illegitimate child; and
(i) Who is under the age of 18 years; or
(ii) Who, before reaching the age of 18 years, became permanently incapable of self-support; or
(iii) Who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an educational institution approved by the Department of Veterans Affairs. For the purposes of this section and 3.667, the term "educational institution" means a permanent organization that offers courses of instruction to a group of students who meet its enrollment criteria, including schools, colleges, academies, seminaries, technical institutes, and universities. The term also includes home schools that operate in compliance with the compulsory attendance laws of the States in which they are located, whether treated as private schools or home schools under State law. The term "home schools" is limited to courses of instruction for grades kindergarten through 12. (RJ) 8/31/20