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Deductions for child I cannot claim?

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JoBarry

Guest
I am separated from my daughter's father (never married) and am the custodial parent. Under our Child Support order he gets to claim her on "odd" years and I get to claim her on "even" years. He gets to claim her for 2001 so I will have to file "single" (as she is my only dependent). Here's my question: If he claims her as an exemption and I am filing single am I still able to take deductions for her medical expenses, dental expenses, day care that I paid out in 2001? I understand it is only fair for him to claim her, however I feel I should get some credit for the money I paid out as well. Thanks for any info. Joanna.
 


L

loku

Guest
If either parent can claim a child as a dependent under the rules for divorced or separated parents, each parent can include the medical expenses he or she pays for the child even if an exemption for the child is claimed by the other parent. However, you can only take the credit for day care in years you can claim the child as your dependent.
 

JETX

Senior Member
With all due respect to Loku, I believe that there is some misunderstanding.

I can just see the IRS when they find that two separate people make dependent claims on the same child. Both of you will get letters from them and possibly cause an audit issue. The IRS requires you to provide 51% of the support in that taxable year to claim that child. That is why the court ruled the way that they did.... one year you get to claim the full 51% plus and the 'ex' can't claim. The next year, the 'ex' gets the 51% and you can't claim.

If the court order says that he claims odd years and you claim even, I don't believe that you can still claim your actual expenses in the year that you are excluded from that claim. On average, your claims of last year, when you were allowed to claim would be offset by the expenses you can't claim this year.
 
L

loku

Guest
Halket, see IRC Sec. 213, and follow the references in that section.
 

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