Can I claim my niece&nephew?They receive gov. assistance.They&their mom have lived w/me the last 7mths & I pay all the bills+provide 4 her kids in many ways.

[rchavez101]

I pay all the bills. Buy them clothes, baby formula, food, etc. Her public assistance doesn't last her all month. She is giving me permission to claim them as dependents. The father is not involved( he is in jail). Also, I am not on her file for the public assistance she receives. If I claim her kids I just want to make sure neither one of us can get in trouble if audited and wouldn't want her to get denied benefits because of it.

[Marketstar · Accepted solution]

You may be able to claim your niece and nephew as Qualifying Child dependents if:

• The child must be related to you. The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, adopted child or an offspring of any of them.
• Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
• Your child must live with you for more than half the year, but several exceptions apply (ie. away at school).
• The child cannot provide more than half of his/her support.
• You must be the only person claiming the child
• The child must be a US citizen, resident alien, national, or resident of Mexico or Canada.
• The child cannot file a joint return with his or her spouse.

You can’t claim a dependent if you are a dependent on someone else’s taxes

See Rules For Claiming Dependents