Kindergarten tuition

[cooltwins]

What is the name of your state? MN

Mom has sole physical custody. Mom wants Dad to pay 1/2 of all-day kindergarten tuition. Dad feels that this is what child support is for. Divorce decree does not state anything about any type of tuition or for school expenses. It states that childcare expenses are reserved since mom was doing in home daycare at the time of divorce. When mom went back to work, dad did pay a portion of childcare expenses.

Is dad responsible for 1/2 of kindergarten tuition?

If the answer is yes, then does he get a tax break up front like he did with the childcare expense. (25% was deducted from his half as a tax break even though he cannot claim the child on his taxes).

 

[LdiJ]

What is the name of your state? MN

Mom has sole physical custody. Mom wants Dad to pay 1/2 of all-day kindergarten tuition. Dad feels that this is what child support is for. Divorce decree does not state anything about any type of tuition or for school expenses. It states that childcare expenses are reserved since mom was doing in home daycare at the time of divorce. When mom went back to work, dad did pay a portion of childcare expenses.

Is dad responsible for 1/2 of kindergarten tuition?

If the answer is yes, then does he get a tax break up front like he did with the childcare expense. (25% was deducted from his half as a tax break even though he cannot claim the child on his taxes).

Are the Kindergarten costs higher than daycare?....because if this is really a combination daycare/preschool...then its likely that your husband would have to pay for half the costs.

However...if this is true Kindergarten, and Kindergarten would be available at a public school instead...then no, its unlikely that he would have to pay half the costs.

Private school tuition is not tax deductible. Only daycare costs are tax deductible. However, your husband would not be entitled to the child care credit in any case. Only the custodial parent is permitted to take that credit under the tax regs.

 

[nextwife]

Tuition is normally split. That is, split once Court Ordered, which it will be if you together choose private school.

However, is this a PRIVATE school? K (at least in my experience) in public school doesn't require tuition. School fees maybe, but not tuition.

If private, did you and she agree to start your child in private school? If so, expect tuition to continue for MANY years, at least to HS. Do you have joint legal custody?

 

[cooltwins]

Thanks for everyones replies.

It is public school. In our school district, kindergarten is normally 1/2 days. Since the mother works and her daycare provider does not live in her school district, she decided to enroll the child in the all-day kindergarten program that is offered. There is no cost for 1/2 days, but there is a fee for all-day. If the daycare provider lived in the school district, the child would have gone to daycare and school each day.

As far as the tax break, you do get a tax break for daycare costs. Since only one parent can claim the child on their taxes, the other parent deducts 25% from their portion as their tax break up front. That is how it was set up in my divorce. It was nothing that I thought up; my lawyer stated that that is how it is done in MN.

 

[LdiJ]

Thanks for everyones replies.

It is public school. In our school district, kindergarten is normally 1/2 days. Since the mother works and her daycare provider does not live in her school district, she decided to enroll the child in the all-day kindergarten program that is offered. There is no cost for 1/2 days, but there is a fee for all-day. If the daycare provider lived in the school district, the child would have gone to daycare and school each day.

As far as the tax break, you do get a tax break for daycare costs. Since only one parent can claim the child on their taxes, the other parent deducts 25% from their portion as their tax break up front. That is how it was set up in my divorce. It was nothing that I thought up; my lawyer stated that that is how it is done in MN.

Ok...then its really daycare costs...not Kindergarten costs and its almost guaranteed that a judge would hold dad responsible for half.

I have NEVER heard of something like the 25% deduction you describe...perhaps that is the way that things are done in MN...but it sounds odd.

 

[cooltwins]

Thank you, LdiJ.....Dad will be glad to finally have an answer. Perhaps not the one he was hoping for, but still an answer.

I found the following on a website for a MN lawyer:

In addition to child support, a non-custodial parent can be required to contribute to the child care costs of the minor children that are necessary while the custodial parent is at school or work. The amount is based on the parties’ respective net incomes after child support and spousal maintenance have been transferred. The child care costs are adjusted to 75% of actual costs to account for tax benefits to the custodial parent.

Since this is a daycare expense, am I correct in assuming that he can take a 25% reduction to account for the tax benefit that he cannot take when he files taxes?

 

[LdiJ]

Thank you, LdiJ.....Dad will be glad to finally have an answer. Perhaps not the one he was hoping for, but still an answer.

I found the following on a website for a MN lawyer:

In addition to child support, a non-custodial parent can be required to contribute to the child care costs of the minor children that are necessary while the custodial parent is at school or work. The amount is based on the parties’ respective net incomes after child support and spousal maintenance have been transferred. The child care costs are adjusted to 75% of actual costs to account for tax benefits to the custodial parent.

Since this is a daycare expense, am I correct in assuming that he can take a 25% reduction to account for the tax benefit that he cannot take when he files taxes?

Well....the wierd thing is that the tax benefit isn't 25%. Its 25% for some but less for others....and phases out completed at a not particularly high income level. Its income based. Therefore that honestly doesn't make any sense. Therefore no, I wouldn't recommend doing that without a court order stating that he can do that.

 

[kayceebee]

Ok...then its really daycare costs...not Kindergarten costs and its almost guaranteed that a judge would hold dad responsible for half.

I have NEVER heard of something like the 25% deduction you describe...perhaps that is the way that things are done in MN...but it sounds odd.

It is basically daycare cost, but with it being in a public school, is there the tax id number and such to use as if it is daycare?? Just curious?

 

[cooltwins]

Update....Dad finally got a hold of his caseworker through our county. She agreed that this is a daycare cost, but since daycare was not addressed in the original court order, there is nothing for her to inforce. She said that if Mom wanted to force Dad to pay, she would have to take it back to court.

Dad spoke to Mom and told her this. Mom stated that she does not want to go through the hassle of court and will accept what Dad is willing to pay. Dad is going to pay half of the cost after 25% is deducted to account for his tax credit.

Since no one has seemed to have heard of this 25% reduction as a tax credit to the NCP, perhaps it is something that is done in our county, rather than in our state. I know that is how my court order was worded and Dad did talk to other people at work who stated that same thing.

Anyways, thanks again for all the advice. It's nice to have a place to go and get answers to simple legal questions that otherwise would have to be presented to a lawyer (for a fee).

 

[peculiarone]

You are required to pay for kindergarten at a public school in some states. Even if it is just half day kindergarden, some states require the parents to pay tuition because they do not have funding for it.