Ask Judge Mathis — April 26, 2013

Yes, it is legal. If the children resided with you for more than half of the year, you supported them, they are under the age of 19 and their father has not claimed them as dependents, you may claim them as dependents on your tax return. However, if they live with your sister and she simply wants you to claim them because she wants to receive a larger refund, then that would be considered tax fraud.