Can I claim my 3 foster kids ( who are my nieces ) that I have had custody since 7/5/19, but the foster mom claimed them on the 2019 taxes? Is their a split ?

[corellian213]

Is it only who has them longer or is it 180 in my custody?   
Also won’t this effect the stimulus payment of 500 for each child when they are in my custody ( by court order ) ,  not the foster mom who is no longer involved?

[edjm1971]

There is no split on taxes for children between parents.

You should read over the custody paperwork to see if it states that you can claim the children.
You've not had the children for most of the year and if she claimed them I believe that is legal.
You should definitely get this straightened out before June of this year so you can claim them for the next year filing.

[monathebaker]

Can I find out who filed my foster daughters on their tax returns when I had them longer.

[DeanM15]

Sorry, no you cannot. At least, not from the IRS. 

The IRS will not tell you who it is that takes a dependent on a return. If you both file with the dependent you will both get a set of letters with questions designed to determine who is the custodial parent for IRS purposes. 

@monathebaker

[NCperson]

it should not effect the $500 stimulus payments, but they may be delayed until you file your 2020 tax return.  That assumes you claim these children with no interference from the foster parents for 2020

I've come across more information on how these stimulus rebates will work.  The link  below is the best analysis I have come across and should help a number of those on this thread understand 'who claimed who' and how this appears it will settle out:

https://www.cbh.com/guide/alerts/cares-act-what-you-need-to-know/

(scroll down to "Recovery Rebates")

Basically, the stimulus payments are an advance against 2020 tax returns. 

When we complete 2020 tax returns, we will each re-calculate the stimulus payments based on 2020 tax returns  (income, qualifying children, etc).  

Whatever that re-calculated number is LESS what you already received will be an additional credit on your tax return, which would increase your refund or reduce how much you owe.  Let's say you didn't claim a child in 2019 but did in 2020 as an example that could create the credit

And here is the kicker, if that recalculated number is negative (meaning your stimulus payment was higher than you were really entitled to based on your 2020 tax return), YOU WILL NOT owe that money back.  Let's say you claimed a child in 2019 who was 16 but in 2020 they were 17 as an example on how the recalculated number could be negative,  (a 16 year old is a qualifying child for the $500 but the 17 year old is not eligible)

[monathebaker]

i mailed my 2019 taxes in april  someone calimed one of my foster daughters on their tax  return and i havent received any paperwork to  prove with the placement papers  that she was with me  for 10 months in 2019. i did receive  my state refund

[BillM223]

@monathebaker

DeanM15 answered your question.

However, because of the current situation, it is very difficult to know when the IRS will get around to mailing letters to both you and the other person asking for proof to show who should have the right to take your foster daughter.

It will take the IRS quite a while to just process your printed return because too many offices are closed.