How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TaxMomNJ Your Own Question

TaxMomNJ
TaxMomNJ, Senior Tax Advisor
Category: Tax
Satisfied Customers: 245
Experience:  7 years experience with tax preparation company, over 500 hours of tax courses taken
13069106
Type Your Tax Question Here...
TaxMomNJ is online now
A new question is answered every 9 seconds

My husband has two children from a previous marriage. In the

Customer Question

My husband has two children from a previous marriage. In the divorce decree we are to claim his 6 year old son and the ex-wife is to claim the 4 year old daughter. The daughter is in day care and we split the cost with her mother. The mother is stating she can claim all of the little girls day care payments on her taxes even if she didn't pay for the whole amount.

Is that correct? Can she claim the portion that we paid for daycare on her taxes? We understand that we can't claim anything because we don't claim the daughter, however can you claim an expense for a child if you didn't pay for it?
Submitted: 2 years ago.
Category: Tax
Expert:  TaxMomNJ replied 2 years ago.

TaxMomNJ :

Hello,

May I ask you a few questions to fully understand the situation?

TaxMomNJ, Senior Tax Advisor
Category: Tax
Satisfied Customers: 245
Experience: 7 years experience with tax preparation company, over 500 hours of tax courses taken
TaxMomNJ and other Tax Specialists are ready to help you
Expert:  TaxMomNJ replied 2 years ago.
How much time do the children stay with their mother? How much time do they stay with their father?
Customer: replied 2 years ago.

The custody is joint and the physical placement is 60/40. The kids are with us on Tues/Thursday and every other weekend. They are with their mom mon/wed and every other weekend. However, on our weekends they go back to their mom on Sunday morning.

 

We split all child expenses and she also gets child support.

Expert:  TaxMomNJ replied 2 years ago.
The IRS has a publication specific to Divorced and Separated parents. I am providing you a link: http://www.irs.gov/pub/irs-pdf/p504.pdf

On page 9, they explain the rules regarding who claims a child. Divorce decrees are no longer taken into consideration by the IRS. According to the laws regarding divorced and separated parents, the parent with whom the child spent more nights with is the custodial parent. The other parent is the noncustodial parent.

On page 11, under "Applying this special rule to divorced or separated parents", they discuss tax benefits that go to the custodial and noncustodial parent when the noncustodial parent claims the child's exemption.

To summarize: When the noncustodial parent claims the child's exemption, the noncustodial parent is allowed the exemption and the child tax credit only. The custodial parent is still allowed (if applicable) head of household filing status, earned income tax credit, and the child and dependent care credit.

The answer to your question is: She is the only person legally allowed to claim child care expenses. Since she did not pay all costs of child care, she really should only claim what she paid on her return. However, your husband might consider asking her to credit him for any refund she receives on expenses he has paid if he is willing.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.
 
 
 
Chat Now With A Tax Professional
TaxMomNJ
TaxMomNJ
Tax Advisor
242 Satisfied Customers
7 years experience with tax preparation company, over 500 hours of tax courses taken