@Mjsisk86 wrote:
Am I legally able to claim them then?
To claim your child as a dependent they would either have to live in your home for over one-half of the year or you would need to have provided over one-half of their support for the year.
There are two distinct rules for claiming a dependent, the Qualifying Child rules and the Qualifying Relative rules. Since the child did not live in your home for over one-half of the year you cannot use the QC rules to claim the child. If you did not provide over one-half of the child's support then you cannot use the QR rules.
To be a Qualifying Child -
1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.
3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.
4. The child must not have provided more than half of his or her own support for the year.
5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.
6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.
7. The child must be younger than you unless disabled.
