Claiming Tuition

[qoe100]

What is the name of your state (only U.S. law)?

I live in MI and my ex-husband is threatening to turn me into the IRS because I claimed my daughter's tuition on my taxes. He owed me money so he deducted the amount of her expenses from what he paid me and is now saying that since I have no way of proving that I actually paid the tuition, he's notifying the IRS of fraud on my part.

Since I have no "proof" that anything was paid by me, what are the repercussions I might face?

Thanks for your help.

 

[TinkerBelleLuvr]

Who claimed the child who had the tuition?

 

[qoe100]

Who claimed the child who had the tuition?

I did**************

My X and I both used the same accountant and he advised me to claim her because it wouldn't benefit my X to do so.

 

[qoe100]

Anybody out there that can help?????

 

[slwx]

for my son's tuition, i receive a statement from the school saying what i paid.

it's a tax form that's also sent to the irs -- if you received that in your name, i wouldn't worry about anything.

plus, turning someone into the irs kind of takes a little energy, i'm thinking it's an empty threat.

 

[qoe100]

Yikes!!! I didn't receive that because my X actually paid the tuition and I claimed half of it because that's what I paid to X. However, he wrote the check for tuition. I have no way of proving that I paid anything.

 

[Silverplum]

Yikes!!! I didn't receive that because my X actually paid the tuition and I claimed half of it because that's what I paid to X. However, he wrote the check for tuition. I have no way of proving that I paid anything.

Busted...

..

 

[slwx]

for my son's tuition, i receive a statement from the school saying what i paid.

it's a tax form that's also sent to the irs -- if you received that in your name, i wouldn't worry about anything.

plus, turning someone into the irs kind of takes a little energy, i'm thinking it's an empty threat.

now that i think about it -- the form comes in my son's name since he's the student -- then i put it on our taxes because we pay it and he is our dependent.

maybe it is ok to split it if both parties are agreeable -- i'm no tax expert, i just wanted to mention that there's an actual form that the school sends out.

 

[davew128]

Busted...

..

Uh, no.

The son is the OP's dependent. It doesn't matter WHO paid the tuition as long as the son is the OP's tax dependent and the tuition wasn't made with excluded money like scholarships, the OP gets the benefit of the tuition on her return. The law is written in a manner that says a) tuition paid qualifies for either the student or the person claiming the student without specifying who person pays it and b) if a dependent pays the tuition and is claimed as a dependent by another, it counts for the person claiming the dependent on their return.

The X is not claiming the son and cannot claim the tuition under any circumstances WHETHER OR NOT HE PAID IT. The OP IS claiming the son and can claim the tuition WHETHER OR NOT SHE PAID IT.

Proof of payment by OP is entirely irrelevant to the situation and has been since day one.

 

[qoe100]

Thanks, everyone!!! I appreciate your help.

 

[LdiJ]

Uh, no.

The son is the OP's dependent. It doesn't matter WHO paid the tuition as long as the son is the OP's tax dependent and the tuition wasn't made with excluded money like scholarships, the OP gets the benefit of the tuition on her return. The law is written in a manner that says a) tuition paid qualifies for either the student or the person claiming the student without specifying who person pays it and b) if a dependent pays the tuition and is claimed as a dependent by another, it counts for the person claiming the dependent on their return.

The X is not claiming the son and cannot claim the tuition under any circumstances WHETHER OR NOT HE PAID IT. The OP IS claiming the son and can claim the tuition WHETHER OR NOT SHE PAID IT.

Proof of payment by OP is entirely irrelevant to the situation and has been since day one.

Just so that Dave isn't the only one saying so, since we have a lot of non-professionals posting on this thread.

Dave is 100% correct.

 

[qoe100]

One more thing****************************
My X is planning on amending his taxes during the years in question to claim our daughter as a dependent and claim her tuition.

Can he do that?

 

[TinkerBelleLuvr]

Several questions:
1. Who did the child live with primarily? If they are living on campus, whose address are they using as the "primary" address?
2. Whose information is used for FAFSA?
3. What does the court order say about who can claim the child? If it is silent, then it goes to the "primary" parent, which is in questions 1 & 2.

 

[qoe100]

Several questions:
1. Who did the child live with primarily? If they are living on campus, whose address are they using as the "primary" address?
2. Whose information is used for FAFSA?
3. What does the court order say about who can claim the child? If it is silent, then it goes to the "primary" parent, which is in questions 1 & 2.

She lived on campus. My info was used for the FAFSA. There was nothing in the divorce decree as to who would claim her. I claimed her for 4 yrs. I believe the primary address she used was her dad's address.

This is all coming up as a result of my X owing me money and saying that he's going to amend his taxes to get a refund to pay me. I don't think soooooo. He owes me 35K!!! Dimwit......but I digress.