Can I claim Child Tax Credit for my kids who live overseas? Foreign dependents eligibility question

You actually can claim qualifying children who live abroad as dependents and potentially for the Child Tax Credit, but there are specific requirements you need to meet. For claiming them as dependents: They need to be your qualifying children (relationship, age, and support tests), and either be US citizens, US nationals, or US residents. Since you mentioned they're US citizens, that part is covered. You also need to provide more than half their support for the year, which it sounds like you're doing with your monthly payments. For the Child Tax Credit specifically: The rules changed a bit recently, but generally your children must have a valid Social Security Number to qualify for the CTC. The residency requirement doesn't mean they have to physically live in the US all year - there are exceptions for temporary absences. However, since it sounds like they've permanently moved abroad, this could be trickier. You might want to look into the Foreign Earned Income Exclusion rules and how they interact with the CTC. Your situation has some nuances that would benefit from a closer look at your specific circumstances.

I was in almost the exact same situation last year with my kids living in Germany with their mom. I spent hours trying to figure this out on my own and kept getting contradictory information. I finally tried using https://taxr.ai to analyze my specific situation and it was a game changer. You upload your documents and it breaks down exactly what you qualify for. It showed me that I could claim my kids as dependents since I was providing over half their support and they were US citizens. But the Child Tax Credit was trickier because of the residency requirements. The tool explained exactly which parts I qualified for based on my specific circumstance with the foreign residence situation. Saved me so much confusion and probably kept me from making mistakes that could have triggered an audit. Might be worth checking out since your situation has those same international complications.

I need to eat my words about being skeptical of tax tools. After commenting here, I decided to try https://taxr.ai for my situation with my kids in Canada. I was surprised by how detailed the analysis was - it walked me through the exact requirements for claiming foreign dependents and showed me which parts of the Child Tax Credit I was eligible for. It explained that my kids could be claimed as dependents since they're US citizens and I provide more than half their support, but I only qualified for a portion of the Child Tax Credit because of their permanent foreign residence. The system even cited specific IRS publications and showed examples similar to my situation. What convinced me was the explanation of how the US-Canada tax treaty affects my specific situation - something generic tax advice never covered. I ended up getting about $1,200 more on my refund than I would have without this guidance.

I had a nightmare trying to call the IRS about a similar foreign dependent situation last year. Spent literally weeks trying to get through to someone who could help with international tax questions. Finally found https://claimyr.com and their service got me through to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that my children (who live in the UK with their mother) could be claimed as dependents since they're US citizens and I provide significant financial support. However, for the Child Tax Credit, they explained that my kids needed to have lived with me in the US for more than half the year unless the foreign residence qualified as a "temporary absence." Since my kids moved permanently, I couldn't claim the full CTC, but I was still eligible for a partial credit. Would have never figured this out without actually speaking to someone who knew the international rules.

I was 100% wrong about Claimyr and need to publicly admit it. After posting my skeptical comment, I was still struggling with my own foreign dependent situation and getting desperate. I decided to try https://claimyr.com as a last resort. To my complete shock, I got a call back in about 20 minutes saying they had an IRS agent on the line. The agent was able to answer my specific questions about claiming my son who lives in Australia. They confirmed I could claim him as a dependent since I meet the support test and he's a US citizen, but explained the limitations on the Child Tax Credit based on physical presence requirements. The agent also pointed me to specific forms and publications I needed, and even noted some common errors to avoid with international dependent situations. Saved me hours of frustration and possibly an audit. I've never been happier to be wrong about something.

Just wanted to add something important that nobody mentioned yet - make sure you have documentation to prove you're providing financial support! My brother got audited last year over his kids in Mexico. The IRS wanted to see bank transfers, receipts, etc. to prove he was actually providing over half their support. Also, do your kids have Social Security Numbers? That's absolutely required for the Child Tax Credit - no exceptions. If they only have ITINs (Individual Taxpayer Identification Numbers), you might be able to claim them as dependents but not for the CTC.

Lots of good advice here, but I want to add something important! The foreign earned income exclusion that your ex might claim could potentially affect your situation. If your ex is excluding foreign earned income on her US tax return, it can impact how the IRS views the support calculation.

This is such a complex situation! From what I've learned dealing with similar tax issues, you're likely able to claim your kids as dependents since they're US citizens and you're providing over half their support with those monthly payments. The Child Tax Credit is trickier though - the IRS generally requires the child to live with you in the US for more than half the year, and a permanent move to Spain probably doesn't qualify as a "temporary absence." One thing I'd be careful about is making sure your ex isn't also claiming them on her US tax return if she's still required to file here. That could create problems. Also, since Spain has a tax treaty with the US, there might be specific rules about which parent gets certain benefits when you're in different countries. Given all the international complications everyone's mentioned - the foreign earned income exclusion, treaty provisions, documentation requirements for audits - this might be worth getting professional help with. The potential refund difference could easily justify the cost of a consultation with someone who specializes in international tax situations.

Carmen, I went through something very similar when my daughter moved to the UK with her mother two years ago. Here's what I learned from my experience and research: You can likely claim your kids as dependents since they're US citizens and you're providing over half their support with those $1,650 monthly payments. The key is documenting everything - keep those bank transfer records, tuition payments, and any other support you provide. For the Child Tax Credit, it's more restrictive. The IRS typically requires children to live with you in the US for more than half the year. Since your kids moved to Spain permanently (not temporarily), you probably won't qualify for the full CTC. However, you might still be eligible for other credits or deductions. One important thing to check: make sure your ex isn't also claiming them as dependents on her US return if she's still required to file here. That would create a conflict. Also, since you mentioned she moved to Spain, look into whether the US-Spain tax treaty affects your situation - it has specific provisions about dependent claims in cross-border situations. Given the complexity and the potential tax savings involved, I'd honestly recommend getting a consultation with a tax professional who specializes in international situations. The peace of mind and potential refund increase would likely cover the consultation cost, especially with $1,650/month in support payments at stake.

Carmen, I've been following this thread and there's some excellent advice here. I want to add a practical perspective as someone who went through IRS scrutiny on a foreign dependent situation. The key thing that saved me during my audit was having a comprehensive support calculation worksheet. You'll want to document not just what you pay, but estimate the total cost of supporting each child for the year. This includes housing (their portion of rent/utilities in Spain), food, clothing, medical expenses, education, transportation - everything. Then you show that your $1,650/month ($19,800/year) plus direct tuition payments represent more than 50% of that total. The IRS agent actually appreciated that I had done this math upfront rather than just pointing to my bank transfers. One thing I haven't seen mentioned yet - if your kids visit you in the US during the year, document those stays too. While it probably won't change the Child Tax Credit eligibility since they're permanent residents of Spain, it does help establish the ongoing parent-child relationship for dependency purposes. Also, make sure you have their current Spanish address documented. The IRS sometimes wants to verify where dependents actually live, especially in international cases. Having utility bills or school enrollment documents with their Spanish address can be helpful if questioned. The investment in getting this right is definitely worth it - between the dependency exemption and any partial credits you might qualify for, you're looking at potentially significant tax savings.