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Home » Misc » How to prove my child lives with me

How to prove my child lives with me


Checklist for dependent relationship

What you need to reply quickly and completely to your letter using our Respond to Department Notice online service:

  • a digital copy—scanned or uploaded from your phone—of the documentation below, and
  • an Individual Online Services account. (Log in or create an account.)

For every child or dependent you're claiming a credit for, you must send us:

  • proof of your relationship to the child or dependent, and
  • proof that the child or dependent lived with you for more than half of the year shown on your letter.
Documentation for proving you have a child or dependent
Proof of relationship
If you’re listed on the child’s birth certificate, include a copy of the birth certificate.
If you're not listed on the child's birth certificate, include documentation showing your relationship to the child or dependent.

If you're claiming a credit for your grandchild, send us:

  • a copy of the child’s or dependent’s birth certificate, and
  • a copy of the birth certificate of the child’s or dependent's parent, which lists you as a parent.

If you're claiming a credit for your niece or nephew, send us:

  • a copy of the child’s or dependent’s birth certificate, and
  • a copy of your birth certificate, and
  • a copy of the birth certificate of the child's or dependent's parent to whom you're related.
If you’re claiming a foster child, include a copy of the decree or other court order naming you as the foster parent.
Proof of residence
We will accept a letter from the child's doctor or school—on the doctor’s or school’s letterhead—if it includes:
  • the child’s name,
  • the child’s date of birth,
  • the child’s address (for the year shown on your letter),
  • the dates the child lived at the same address as you (must be more than half of the tax year),
  • the name of the child’s custodial parent,
  • the doctor's or a school administrator's name,
  • the doctor's or a school administrator's signature, and
  • the doctor's or a school administrator's phone number.

For example, “From January 1, through June 30, 2016, Amy Jones (b. 10/08/2010) attended Maple Greenleaf school. Her address was 123 Lincoln Park Dr., Rome, NY, from January 1 through July 3, 2016, and Amanda Jones is listed as her mother during that time.”

Note: If the document has the child’s name and your address but not your name, you need to send in another document with your name showing the same address.

Alternate proof of residence

If you are unable to obtain the documents listed above, we may accept the following:

  • a copy of the birth certificates for children under school age if the address on the birth certificate is the same as the address on the tax return
  • SNAP or Medicaid documents for the year in question (2019 in most cases)
  • any letter from the school or from the tax year in question, or from the current year (for instance: a school closure notice or meal program information) that shows the child’s and guardian’s name and address
  • 1095-B form for the tax year in question (verifying health insurance coverage) along with something from the child’s school (report card or any document) or doctor (any document)
  • placement notices from OCFS/ACS
  • shelter placement notices
  • immigration paperwork for refugees will also serve to replace birth certificates (I-94 or another document provided when you entered the country)
We will accept a statement from a homeless shelter, signed by a case worker, if it includes:
  • the child’s name,
  • the child’s date of birth,
  • the time period the child lived in the shelter, and
  • the name of the child’s custodial parent.
We will accept a copy of the child’s birth certificate if it includes:
  • the child’s address, and
  • the child was born in the year shown on the letter.
If you changed your address during the tax year on your letter, give us the address of each place you lived during the year.

Updated: June 16, 2022

Responding to an IRS Audit If You Claimed Kids on Your Taxes

  • You got a letter from the IRS saying "you're being audited" or one describing "proposed changes" to your tax return.
  • You claimed children for the Earned Income Credit (EITC) or Child Tax Credit (CTC).
  • You're not sure what to do next.

What's going on?

The IRS is asking you to provide proof of the claims you made on your tax return. They may have provided a deadline to respond by. They may also have temporarily frozen all or part of your refund.

If you claimed the Earned Income Credit or Child Tax Credit, proving your claim usually means giving the IRS documents that show that you are eligible for the credit. Most often, this involves showing relationship and residence for the children you are claiming.

Why does the IRS audit people? To make sure people qualify for the tax credits they claim, and to correct unintentional mistakes.

Why me? Why now? Some audits are random. Others are prompted by a mistake on the return, a previous tax problem, or a situation where two people have claimed the same child and the IRS needs to determine which claim is valid.

What happens if I don't respond? If you ignore the audit, the IRS will remove all the tax credits and benefits associated with your children, and will deny your refund, ask you to pay back refund money you already received, or you say you owe more taxes than you thought.

Proving Relationship

In order to claim the EITC or CTC for a child, it is not enough that you are taking care of them. You must also be related to them, either by blood or marriage, or through legal adoption, foster care, or a custody order.

To prove: Send copies of birth certificates, custody orders, or DNA tests. Just one type of proof is enough.

If the child is a family member but not your biological child, you must show the entire "family tree" connecting you. For example, to claim your nephew, you must provide his birth certificate, his parent (your sibling)'s birth certificate, and your own birth certificate.

If you are not related to the child (for example, your friend's child that you care for but never legally adopted), you cannot claim tax credits for the child. But you may still be able to claim them as a dependent to reduce your tax burden if you lived with and supported them all year.

Proving Residence

EITC and CTC also require that you lived with the children you are claiming for at least 6 months of the year. 

To prove: The IRS generally wants one or more documents that show the name of the child, the address you used on your tax return, AND the year that the audit is for. Any "official" document will work as long as it shows these three things. For example, a lease, a school record, or a benefits statement. All three pieces (name, address, year) must be present on the document. So for example, if you are being audited for 2017, a lease showing the names of your family and the address would not work if it was signed in 2018, but it would work if it was signed in 2017. For another example, your child's report card from 2017 listing their home address would work, but a report card that does not show the address would not help with the audit. What if you don't have proof? If you don't have documents that prove that you met the residency requirement, contact us to learn about your other options.

General Tips

  • Pay attention to and meet any deadlines. If you don't think you can gather the documents you need before a deadline, call or write to the IRS and ask for more time.
  • Don't give up if you miss a deadline. If you are entitled to a credit, even if an audit goes against you the first time, you can send additional evidence and ask the IRS to reconsider.
  • Keep records. Often, taxpayers who get audited for one year will be audited the next year as well. Hold on to papers that could be helpful in case of a future audit.

Still need help?

The Taxpayer Support Clinic at Philadelphia Legal Assistance helps Philadelphia residents struggling with many income tax issues, including inability to pay. We are not part of the IRS. We also do not prepare taxes.

Contact us at 215-981-3800, Tuesday or Thursday 9:30 am- 12 pm, or apply for legal help online at philalegal.org/apply.

How to prove that the child lives with me if he is registered with his father?

30 seconds ago

Hello! My husband and I are not divorced, but do not live together, we have a common child who is registered with him, but lives with me. She filed for alimony, there was a court at which he did not appear. The judge says that it is necessary to prove that the child lives with me, otherwise he will refuse alimony. The court was postponed.

October 20, 2016, 13:22 , Tatyana, Krasnoyarsk

family living conditions

Maria Sukhoroslova

Lawyer, Novosibirsk

Hello.

Evidence.

1. Testimony of neighbors, request that witnesses be called.

2. Certificate from the garden, from the clinic at your place of residence.

3. If the child goes to any section, a certificate from the coach, you filled out the questionnaire where your child lives.

October 20, 2016, 13:30

Anastasia Igorevna Gorokhova

Lawyer, Krasnoyarsk

Good afternoon!

It will be enough to provide:

1. a description of the educational institution, health care institution where the child is attached;

2. call the district police department or the PDN department, which will draw up an act of inspection of living conditions, which will indicate that the minor lives in the apartment, as evidenced by the presence of toys, children's things, etc. With such a request, you can also contact the district department of guardianship and guardianship;

3.if a homeowners association, a council of homeowners, has been created in the house, a chairman has been chosen (at least something), then you can take a certificate stating that the child lives with you.

4. In advance of the court, declare the witnesses by calling the secretary, so that when preparing for the process, the judge already understands that you will prove the fact of living with you and preparing a positive decision (but this is from practice).

Good luck.

October 25, 2016, 04:34

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How can I prove that the child lives with me?

To file a claim for payment of alimony, a certificate from the place of residence is required (that the child is dependent on me). But the child and I are registered in different places. The child is registered with the defendant. How can I prove that the child lives with me?

March 18, 2014, 17:39 , Lelka Larina, Ryazan

certificate that the child is dependent registered in different places statement of claim for payment of alimony

Tatyana Baryshnikova

"", Chelyabinsk

In the statement of claim for the recovery of alimony, you just need to indicate that the child lives with you. If it is necessary to provide evidence, then this may be the testimony of witnesses ... Neighbors, friends, other persons who can confirm that the child lives with you

March 18, 2014, 17:53

Andrey Burov

Lawyer, Moscow

Expert witnesses, some certificates from the clinic at your place of residence, kindergarten, etc. although, of course, it would be necessary to start with work with the FMS, that is, register the child at his place of residence in connection with the arrival

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