Child care question

[ogal]

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

I paid 100% of child care costs up till June first then at the hearing Judge ruled me and my ex would split the costs equally. Since then I still have been paying the majority of the costs because the EX refuses to pay. He does pay some, but not 50%, more like 20%. This is my ex's year to claim the minor child on taxes. How does that work? I relly don't know. Can I claim the expenses I had paid this year, and he claims what he has paid? Or does he get to claim all of the money even though he's not paying. Sorry if this seems like a silly question. Thanks

 

[TinkerBelleLuvr]

The only person who can claim the child and dependent care credit is the custodial parent, regardless of who claims the child in the case of divorced and separated parents.

 

[ogal]

The only person who can claim the child and dependent care credit is the custodial parent, regardless of who claims the child in the case of divorced and separated parents.

The courts never established a custodial parent. Said they were not going to until he was school age. We have a "shared pareting" plan. I have the child 80% of that time though.

 

[ecmst12]

Then you are the custodial parent.

 

[LdiJ]

The courts never established a custodial parent. Said they were not going to until he was school age. We have a "shared pareting" plan. I have the child 80% of that time though.

Custodial parent for tax purposes is different than custodial parent for state court purposes. The fact that you have the child 80% of the time makes you the custodial parent under the federal tax code.

 

[ogal]

Ok I just want to make sure I understand this correctly. He can NOT claim the $400 he will pay out of his pocket this year for daycare costs. Because he is telling me he can, but everthing I read says only the custodial parent can, which is whom the child resides with for more than half the nights of the year. I don't claim my daycare costs because it doesn't benefit me because I don't pay that much either. My babysistter doesn't claim the income but that's between my ex and the babysitter and not me. Just wnt to know what is true and not what my ex is telling me because he likes to manipulate things and lie a lot. Thanks in advance.

 

[TheGeekess]

Ok I just want to make sure I understand this correctly. He can NOT claim the $400 he will pay out of his pocket this year for daycare costs. Because he is telling me he can, but everthing I read says only the custodial parent can, which is whom the child resides with for more than half the nights of the year. I don't claim my daycare costs because it doesn't benefit me because I don't pay that much either. My babysistter doesn't claim the income but that's between my ex and the babysitter and not me. Just wnt to know what is true and not what my ex is telling me because he likes to manipulate things and lie a lot. Thanks in advance.

No, he cannot make that claim per the IRS.

And yes, if you're paying the babysitter (who, but not declaring income, is not paying "their fair share") then you're part of the problem.

 

[ogal]

ok so what are the rules on claiming the income. My babaysitter told me she only makes a few thousand a year and said she didn't have to claim unless it was above a certain amount. I don't have my own business or babysit from home so I don't know the tax rules. Please educate me. She doens't have her own daycare business or anything he runs out of her home or she doesn't collect unemployment.

 

[OHRoadwarrior]

Actually, it appears on the surface she is wrong. If she is claimed on another persons tax return as a dependent, she must file on income over $950. It appears she is self employed, therefore, the income threshold for her to file is $400. There are other variances, however, those are basic guidelines.

 

[ogal]

Actually, it appears on the surface she is wrong. If she is claimed on another persons tax return as a dependent, she must file on income over $950. It appears she is self employed, therefore, the income threshold for her to file is $400. There are other variances, however, those are basic guidelines.

confused by the above coment. she my babysitter is 58 years old, not a teenage girl. Which is why there might be some confusion to her being claimed on someone elses income. I get it now though. Especially if her and her husband file their taxes together and however they file. I'm not trying to be stupid, I'm asking because I don't know the rules or laws.

So should I claim my day costs on my income then for this year? I'm asking because I haven't done it in the previous 2 years because when I get my taxes done the tax guy said it won't make any difference. OR my standard deduction took presidence. I remember getting my taxes done and him saying it don't matter to claim the daycare cots because I pay so little.

 

[TinkerBelleLuvr]

You need to have your sitter's social security number to claim it on your taxes. Depending on your income, the credit can be worth 20% of what you paid, upwards.

 

[OHRoadwarrior]

If they are filing a return jointly and she is not claiming the income, she is doing so fraudulently.

 

[LdiJ]

confused by the above coment. she my babysitter is 58 years old, not a teenage girl. Which is why there might be some confusion to her being claimed on someone elses income. I get it now though. Especially if her and her husband file their taxes together and however they file. I'm not trying to be stupid, I'm asking because I don't know the rules or laws.

So should I claim my day costs on my income then for this year? I'm asking because I haven't done it in the previous 2 years because when I get my taxes done the tax guy said it won't make any difference. OR my standard deduction took presidence. I remember getting my taxes done and him saying it don't matter to claim the daycare cots because I pay so little.

If your tax preparer says that it doesn't make any difference on your tax return (and it quite possibly may not depending on your income level) then no, I would not claim the daycare costs as the additional forms would just make your tax return preparation more expensive. You are not under any obligation to claim credits that won't do you any good. You would also need the preparer's SSN in order to do so.

Assuming that the child(ren) live predominantly with you, it would not be legal for your ex to file head of household, and that is the only way he could claim the daycare credits or earned income credit. You would actually be entitled to claim the child(ren) for both of those if they live predominantly with you.

 

[ogal]

If your tax preparer says that it doesn't make any difference on your tax return (and it quite possibly may not depending on your income level) then no, I would not claim the daycare costs as the additional forms would just make your tax return preparation more expensive. You are not under any obligation to claim credits that won't do you any good. You would also need the preparer's SSN in order to do so.

Assuming that the child(ren) live predominantly with you, it would not be legal for your ex to file head of household, and that is the only way he could claim the daycare credits or earned income credit. You would actually be entitled to claim the child(ren) for both of those if they live predominantly with you.

Ok, makes sense. Only thing our court docuemnts state is that he claims child as a dependent even numbered years and I claim odd. I just take the advice of my lawyer and my tax guy I'm not trying to get into trouble later. Just the coment made by geekness stating I am the problem has me all confused. I haven't ever claimed because it wouldn't benefit me. Thanks Again.

I feel like I am on this board a lot seeking advice, and I appreciate anything I receive.

 

[ecmst12]

If your court order says you must let him claim the child as a dependent in even years, then you must do so. That still won't allow him to claim the child care credit or any other credit, but he can claim the child as a dependent and you are supposed to sign form 8332 for those years.

I think whether your babysitter is paying her taxes correctly is between her and the IRS and has nothing to do with whether you claim child care credits for what you are paying her.