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You may want to seek legal advice on this from a "TAX" attorney. As I don't see any way for a foster parent to qualify for a stimulus payment for any child that is not biologically theirs. But I"m not a lawyer or a tax expert by any stretch. So legal advice from a tax attorney would probably be best. Not a CPA, not an EA, and not anyone calling themselves a "tax expert". You need to confer with a tax attorney.
So then if the Biological parents claimed this child on 2019 taxes. Would they be getting this Child's Stimulus Check Money . Even though the Child lives with me Full time because they have major DRUG PROBLEMS? MOTHER IS JAIL INDICTED FOR DRUGS. FATHER IN DRUG COURT PROBATION.
I don't make the rules here. Congress does. When it comes to taxes, the IRS has their own set of rules as defined by congress. The only entity that can over ride those rules is a federal judge. Since federal judges do not deal with custody cases, I'm confident in stating, that will never happen. Your situation is way beyond the scope of this forum, and calls for the assistance of a legal expert well versed in situations like yours. Remember, it's not only federal laws that may (or may not) come into play here, but also state laws.
If the child is over 16 (on12-31-20), there is no stimulus money for 2020. There will be for 2021.
If the child is 16 or under, I'm of the opinion all you need to do is file a tax return for 2020 and claim the child as a dependent. List the relationship as foster child.
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