If we adopted out of foster care but our child doesn't have special needs can we still get the tax credit?

Question

we adopted out of foster care but our child doesn't have special needs can we still get the tax credit?  we didn't pay out much either because of the program that we went through--very confused by the laws.  Don't know what to do and haven't filed yet.

Answer 1

Most children in foster care have special needs. Call your agency. Special needs includes children over the age of 5, physical disability, mental disability(this can include separation issues and issues the turn up later in life), being part of a sibling group or a minority. If your child has none of those you claim the amount that you spent. The difference with the special needs is you don't have to qualify expenses.

Also if your child has any of the needs I list you should be receiving a monthly adoption subsidy. If your agency did not offer you that write them a letter. If they deny the letter then you have to contact an attorney(these will be hard to find because it is a specialty). It took me over a year to find an attorney, but I have a pending case for my now 18 year old. I believe that the adopt subsidy goes back many years so if you have a child you have had for a while you should look into it.

Answer 2

probably not.  We don't qualify for anything the way they wrote up our "subsidy" plan. ($0 subsidy w/annual review)

Answer 3

Your best bet would be to ask the person that will be preparing your taxes. Sorry I could not help you other than that.

Answer 4

Yes you would still get the adoption tax credit. We did.