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| *Loan,banking and credit>>>child tax |
TAX FILING Question: Joint custody. Can I file dependant and my ex file for child care expenses? |
My ex-husband & I have joint custody, although my son lives w/me, he only goes with his dad twice a wk. I do not receive child support, but my ex pays for our son's school (pre-K). Now, when filing our taxes, may I be able to claim our son as my dependant, and then have my ex file for the child care expenses? You get to file "head of household" and your son is your dependent because he lives with you 12 months a year. Your ex gets to claim the child care since he pays it. http://www.irs.gov/ Only the custodial parent can claim the credit for child care expenses. The custodial parent has to have paid the expenses in order to claim the credit. So in the situation you describe, the credit is lost. If the noncustodial parent claimed the child and you paid the child care expenses, you could still claim the child care expenses under the rules for divorced and separated parents. If the noncustodial parent gave you the cash and you paid the child care expenses, then you could claim the credit. Hopefully, this has been what happened with you, and the statement from the preschool will show you as the person who paid. That way the credit won't be lost. IRS Pub 503 http://www.irs.gov/pub/irs-pdf/p503.pdf... The best way to handle this, without knowing details, and as a matter of discussion and not free professional advice, is: You claim the child as an equivalent to married deduction, and the the child care expenses, because he lives with you. Your ex claims the money paid for school, as paid to you, as paid support. You claim the income and expense, it washes out, And you get the married exemption, as well as any other deductions. You also get the child tax benefit. Your ex gets the school expense. You will have to submit the tuition receipt. |
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