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Laura Deurmyer

Laura Deurmyer
Location
Texas,
Birthday
December 22
Bio
Mom, foster mom, wife of an artist/ artisan, progressive, former urban professional marooned in the sands of West TX

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Salon.com
Editor’s Pick
JANUARY 4, 2010 7:40AM

Fostering and taxes: how we parented and she gets paid

Rate: 23 Flag
Pre school boy with back turned to camera

The going rate for a kid in the United States is $4,600 and change to families making $110,000 or less in 2009 .  At least that's what my tax prep computer program is telling me.  (A $3,650 dependant deduction plus a $1,000 child tax credit)  So, the mightier your uterus, the bigger your tax break.  My uterus is weak and puny and has produced only one child.  But we foster parent, and one of the ways the government compensates foster parents is by allowing us to claim tax deductions and credits for our charges as though they had popped out of our own baby-makers.  Or so we thought.

So, I set about doing our taxes to include the little boy who spent a little more than half the year with us in 2009.  No big deal, right?  Wrong. 

According to our case worker, the only time you get to claim a foster child as a dependent is when the state has forcibly wrenched the child away from his or her natural family.  Voluntary placement kids are still deductible by their natural parent(s).

Many kids in foster care are in care because their parents voluntarily gave them up - either because they could not afford to feed and house them or because they are in prison, or because they just don't want to be bothered.  One of our friends fosters two little boys who were voluntarily placed at birth.  They are both six years old now.  For six years, our friend has fed, clothed, loved, band-aided, taught and honored these children, apparently all without being able to deduct them as dependants.  To a single mom on a high school teacher's salary, that's a huge disadvantage, financially.  

A couple of years ago, when our finances were less tight and we had not even dreamed of a child, I would have thought "how crass - griping about a tax deduction instead of thinking about helping a child."  I still feel somewhat like that - we won't stop fostering if we can't claim tax deductions; in fact, if the government revoked all tax deductions and charged people for kids instead, we'd still have had our own son, and been just as grateful for it.  I just have to wonder what we are trying to achieve as a society with the policies we have set around children and taxes.

 On the one hand, we have a problem with more demand for social services than we have the will or the heart to budget for.  The more impoverished kids, the more demand.  Worldwide population growth is an environmental concern on many levels, from food scarcity to global warming.  But instead of teaching family planning in our schools and encouraging young people to have fewer rather than more children, we offer the single biggest tax incentive available  to average people (outside of the mortgage interest deduction) to those who procreate the most. And we discourage families from taking care of kids whose own parents can't care for them by denying that tax deduction to at least some of those care-taker families.

The little boy we had in our home was moved to another foster family because he was behaving threateningly towards our son.  He's a great little boy and is now in a home with his natural sister, where his behavior is exemplary.  He and our son still play together.  We would have cared for him even had we known from the start that we would not be able to claim him as a dependant.  

His mom has five children.  She was broke and homeless and living in her Escalade when she placed the kids in care.  Now she's broke and living with some guy with whom she reportedly smokes dope and goes to bars when she's not in hairdresser classes.  

She sold the Escalade and bought a little BMW 5 series with the proceeds.  My heart broke for the eldest child when she first saw her mom's new car.  She's a precocious seven years old and can count well enough to see that three car seats, two booster seats and Mom will not fit in that car.  Since the mom can claim all five children despite them being in other homes more than two thirds of the year, she should get a handsome sum back from the government after she does her taxes.  Hopefully, she will use the money to get a more suitable car and put a deposit on an apartment. That's our case worker's hope anyway.  I'm not holding my breath. 

Foster parenting is wonderful and terrible.  Amazing children, amazing love.  Monotonous paperwork that goes on forever, home inspections, CPR classes, licenses, continuing education.  Getting attached and having to step aside for a natural family member.  Getting attached and having to admit that there are some behavior issues that you just can't handle.  

Voluntary placements get turned away by our agency regularly because there is no home to place the child in.   I wonder how many families won't take voluntary placement children because of the tax rule giving the deductions/ credits for voluntarily placed children to their natural parent if they choose to claim them.  Personally, I think that we foster parents who've actually cared for a child during the greater part of the year have earned the $4,600.  


 

 

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taxes, foster parent, family

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This seems like a tax law that has to change if this is the way the law is currently. You should be able to claim a dependent living in your home for the number of months in the tax year filed that they lived there regardless of relation. Is there a tax consultant or attorney you can consult to verify? My understanding was that the person caretaking the child got the tax break. The birth parents can not claim the child as a dependent if that child did not live in the household during that tax year. Maybe the woman who bought the car should be reported to the IRS. I found info on the IRS page and it appears that foster care is considered a business. If you fostered through a charitable agency, you can claim charitable contributions. (see page 18 of doc link below) Here is the document I consulted:

http://www.irs.gov/pub/irs-pdf/p501.pdf

If you fostered through a government agency, the county or state agency is considered the support provider. Amazing that true loving parenting is considered a business...thanks for bringing attention to this concern. Our children are our future. What foster children placed in loving homes are getting can not be quantified.
What a frustrating system they have created - especially when it means that, unlike you, some people will not become foster parents without the tax break. I wish I was sure I was brave enough to be a foster parent, I'm not sure I could handle the potential anger and heartbreak.
leonde -Thank you for the research. I have not done much checking; my case worker was pretty definite. But I did pull up the IRS website and read the info on qualifying dependents. It states that if 2 people claim a child and one is the parent of the child, the parent wins the deductions/credits. When people voluntarily place a child, they do not waive parental rights. When a child is removed from a home, the state waives their rights until such time as they return the child to them. I think that's probably the difference.

Melissa - It sure is frustrating. The kids are worth it, but it is emotionally hard enough without all the legal, paperwork and financial hoops to leap through! You would be an awesome foster parent BTW.
Happy New Year Blue! Sorry to hear about this - downright sucks! Your part of Texas seems to share the dubious title of highest teen pregnancy and highest level of child abuse in the State (while simultaneously advocating abstinence only sex education). I think this is such an important post! thanks for sharing and thanks for being a loving family to those children - tax break aside.
I want to support leonde's comment.

My ex abandoned her children, my daughters, with her aunt and uncle.

In spite of her resistance in resolving the custody situation, they were able to claim the tax deduction because the children were in their home during the tax year. (I know because she called me HOWLING because she did not get the refund money last year. Heh.)
I've been in a similar situation in recent years and am fully sympathetic. Technically, you should be able to claim someone as a dependent if they were with you the majority of the year. Thanks for this article.
That is crazy. I personally know people who have intentionally had more children they can't take care of to "get more money back" and qualify for things like Habitat for Humanity housing. It is so classless to make children suffer for their own profit. As a Foster Mother, you are dealing with so much more than most of us. Bless you for taking them in, and I hope the tax laws will change. Thank you for writing the post because those of us who had no idea now know how it works. This must change!
Great post, and you've done a lot to shine a light on what's wrong with a system that penalizes foster parents like you. I also know what you mean about feeling crass talking about the money angle, but parents, bio or otherwise, do take a financial hit, and if we don't assess what's going on with the money in the adoption industry or the foster-care system, we're never going to get to a more ethical, humane place. Rated.
At the same time, maintenance payments are not taxed, and health care is funded through Medicaid. The purpose of the income-tax benefit is primarily to offset those expenses.

I agree that foster parents should get the tax benefits. At the same time, I would like to remove money as an incentive in both directions, for the parent(s) as well as the foster parents. I think it really muddies the waters, and it creates a "child as chattel" system that doesn't serve children well. Although I've rarely had a foster child whose parents had any taxable income, they still feel like it's another perk they risk losing if they don't someone "keep" the child.
Dem - Thanks for your comment. The teen pregnancy and child abuse rates are through the roof here in W. TX. I wish the culture here was not so resistent to the things that experts say could help this - like sex ed.

Meander61 - Interesting. I will look into this some more; it sounds like there is more ambiguity than I had been told, based on what Leonde and you are saying. Thanks for the comment.

Kathy - Thanks for your comment. Sorry to hear you've been here too - it really caught me by surprise since I'd planned our withholding and everything based on 2 dependents!

Natalie - I don't actually know anyone who deliberately has more kids just to claim deductions and/or benefits, but the mind set that more kids is somehow better is a mindset that I would like to see us change as a society. More is not better - not unless you can provide an adequate home and adequate parenting.

Martha - Thanks. I know you've been there! I usually try not to think about the money part of fostering at all. I have always looked at it as having another child, not as a business - we put the kids in preschools or nurseries that cost more than would be reimbursed etc. When our son got something, our foster child got something similar etc. When I was given this information last week, it really caught me off guard though.

High Lonesome - Those are good points. I am hoping that the kids' mom really will use this tax windfall to make some positive changes that ultimately could reunite their family. Part of my point here is that I would like to see the whole system revamped. If the tax advantages to having multiple children were removed or lessened, it might help us in how we view decisions to expand families etc. And having Medicaid in place for these kids is invaluable. I sure wish it was available to all kids. When our natural son was uninsurable for his first several years, it would have really helped!
You're the one feeding, clothing, and housing the kid. You're the one missing work when he gets sick. You're the one shuttling him around to school and baseball games and doctor's visits. You ought to be the one with the tax break for this.
You're right, of course. I'll share something helpful that my shrink told me, "yep, it sucks," whatever unfairness against which I railed, "but doing the right thing is still the right thing...never a reward that wouldn't diminish your motives...AND the punishment for being her is--well-- being her." My thanks for your big heart. I used to be that kid.
Amen. This is a rip for the foster parents and a boon for undeserving natural parents. I'll forward this wonderful post to my congress persons.
Allow me to express gratitude to you for doing what is largely a thankless task; you should be compensated at a higher rate. The users of the system such as the Escalade mom should not be able to qualify for breaks given to real parents. Isn't that obvious?
Sadly this situation happens all of the time. You may want to have your taxes prepared for free through the VITA - volunteers in tax assistance program operated by the IRS staffed by volunteer preparers. I have worked with them 4 seasons and the volunteer training is better than a quickie prep place (and I have worked for a couple). Sadly I have had to be the one to break this news to fostercare families not told of this by their caseworker.

The IRS stays out of all custody matters and it is very frustrating. The bio parent can voluntarily sign form 8763 and give you the deduction. The other parent may consider it - often people owe back taxes and other entanglements and just walk away from credits.

Bio-parents have the same problem with exes that the first parent to file electronically will get a refund for children they did not live with and have no court order to claim. Even with a signed form from the other parent if you have 50/50 custody - if they sign your form but run their taxes first - the IRS says you are on your own as a "domestic matter" then you can go to family court.

The parent who financially supports the child should just automatically get the deduction. If you show up to family court claiming ZERO cash income and your only means of income is child support because you REFUSE to work - then you don't get the deduction just to have it because you want it to screw your ex out of it. My stepson's mother gets the deduction every other year even though she has no obligation to file taxes with zero income.
Excellent post. You are to be commended.
Wait, don't you get paid several hundred dollars a week to foster each child? I'm not saying it's a lot of money and I'm sure foster parents don't receive enough to compensate them for their time and care - but the post feels incomplete without that information.
WalkAwayHappy - Thanks for your comment! I see from others' comments that it affects families who've gone through divorce as adversely as it is affecting us this year. The reg does seem odd...

Leeandra - That's sort of what I thought too. Complaining about money in this context is distasteful, but the truth is that, while this won't deter us, it might deter potential foster parents. And that's the last thing we need!

Girl Fren - Thanks so much for your comment. I will go check out your blog; I bet you have an interesting POV. I agree that it sort of is what it is, as far as we go. I just wish that the policies of our society really supported fostering and adoption.

Joe - Thanks for the support. It is a huge issue, and we rarely see fostering talked about. BTW, HOOK 'EM. I'll be watching Thurs too!

Daniel - Thanks for reading. I hope I didn't come across too harsh about the birth mom. She ended up homeless initially through no fault of her own (fleeing spousal abuse). She is NOT a bad person, and she loves her kids. I just hope she uses this money wisely.

Write NOWMom - Thanks so much for the additional info. I had not even thought about the implications of this in custody situations. In some ways that's even much worse b/c the parent with custody is not getting any help from the state to raise the child.

Emma - Thanks for stopping by and thanks so much for your comment.

Bonnie - Right? I should have asked earlier in the year rather than just assuming....Oh well...Thanks so much and thanks for the heads up earlier!

Wildmarjoram - It is true that foster parents get a monthly stipend. Rates vary between agencies and state placements. We got $18 per day plus $14 per day for daycare. We always way outspend the child care allotment. I have not been able to find decent care for less than about $500-600 per month. So, you're right - there is not the out-of-pocket expense associated with having one's own child. Medicaid is included too. I think to me it's less about the money and more about encouraging fostering in every way possible.
A great piece on a very important issue. Thank you for speaking on this subject. The system is clearly broken and sadly the ultimate price is paid by the children who oftentimes end up in the wrong homes or no home at all. You are doing such a wonderful thing - parenting a child who has no family - you deserve so much more recognition for this - from everyone - including the government. Thank you again. Rated.
This is a great and thought-provoking post. And you deserve so much credit for doing such a service to our society. Also congratulations for making the salon.com main page.

Though I think your math is a bit off. Somebody else can correct me if I'm wrong, but here's the way I think it works...

A $3650 deduction is not actually worth $3650. It's worth your tax rate *times* $3,650. So if your tax rate is, say 25%, then the $3650 deduction is worth 25% * $3,650 = approximately $900. (Because that's how much that deduction saves you in taxes: $900.)

A tax *credit*, however, is worth exactly its dollar amount.

So then, the going rate for a child, assuming a 25% tax rate, is $900 + $1,000 = $1,900 annually.

Great post. Rated.
Thanks for the clarification and ongoing dialog, Blue. $18/day, holy crap! I know it varies by area, but that's so much less than I thought the stipend per child is. I'm surprised there is not a specific federal foster parent tax credit - seems like it would make at least as much sense as the mortgage deduction. Thanks for bringing this to our attention - great post.
moveovermommy - Thanks for your comment. The system is groaning under the weight of too many kids in need, with way too few foster parents and case workers who are overwhelmed. But there are many, many great people who foster, and we do it for all sorts of reasons, selfish and unselfish.

ame i - I don't think this particular situation is one of a parent trying to scam the system; I think the mom in this case may be making some decisions I wouldn't make (like buying a little car instead of one large enough to transport her kids) but she has had a hard road and does love her kids. I did not know that about social security - it seems like an odd tax provision as well.

ranjit - Thanks for the comment. And thanks for the math clarification; I see what you're saying there.

wildmarjoram - A specific tax credit would be easier to handle than all this deduction juggling, that's for sure. That's a really interesting idea!
If the foster child lived with you for more than half the year, and was placed in your home by a qualified agency, and you supported that child during that time- I think you are eligible to claim the child.
The parent would have priority, but only if they are eligible...only if they supported the child for over half the year.
The mom might get some money back, but the best benefits (earned income credit) cap out at two kids- and she won't even get that unless she worked during the year.

Sad.
I'm a foster parent in Oregon and have spent a few hours researching the tax benefits for foster parents. If the child was placed in your home by a state or state recognized agency, and if the child lived in your home for 6 months and a day, you can claim him as a dependent child. (The government recognizes foster children as a dependent relative.)
Best of luck.