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?
2007-01-06 13:38:54 · 5 answers · asked by SF 1 in Business & Finance ➔ Taxes ➔ Other - Taxes
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.
2007-01-06 13:43:48 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Alright, a lot of people get court ordered custody and so forth mixed up with taxes and claiming dependents. The IRS could care less who has court ordered custody. What they want to know is WHO the child lived with for more the 6 months of the year, even if it was only for a total of 6 months and 1 day (if you both somehow had him 6 months each, whoever made the most that year claims the dependency.) It doesn't matter who pays child support or who has custody. Example. My husbands ex was granted custody of their teen son a few months before the end of this last year, but he had still lived with us more then 6 months in 2009. So per IRS she does not have the right to claim him on her taxes despite she has court order custody of him. Say your ex files before you and his e-file is accepted. Well you cannot e-file as it will not be accepted because the SS# has already been claimed on another tax return. You will then have to mail it through postal services which obviously will delay your return slightly. At the end of the year you both should get a notice from the IRS to amend your return if you did not have the right to claim the dependency. If neither of you do, a second notice will be sent asking you to explain and show proof of why you were able to claim said child. So in the end, don't mix up any court issues like who has custody and who pays child support. If your child physically lived with you more then 6 months, you by law are supposed to be the one to claim the child.
2016-05-23 01:26:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
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.
2007-01-06 14:14:29 · answer #3 · answered by ninasgramma 7 · 0⤊ 0⤋
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.
2007-01-06 15:25:36 · answer #4 · answered by Ed 3 · 0⤊ 1⤋
http://www.irs.gov/
2007-01-06 13:42:32 · answer #5 · answered by Piguy 4 · 1⤊ 0⤋