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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29656
Experience:  Taxes, Immigration, Labor Relations
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Me and my girlfriend had an agreement I pay childcare expenses

Customer Question

Me and my girlfriend had an agreement I pay childcare expenses fully and get to claim child on my taxes. the first two years she lived up to agreement but this year she reneged. I have some receipts with my name on it directly but almost ALL the receipts for the entire period. She has no father listed on the birth certificate and we live in New York.
Submitted: 8 years ago.
Category: Tax
Expert:  Lev replied 8 years ago.

Only a custodial parent - with whom the child lived most part of the tax year - may claim a deduction for child care expenses.


Please let me know if you need any clarification.


Lev and other Tax Specialists are ready to help you
Customer: replied 8 years ago.
I understand your answer but what I am trying to find out is can I take her to small claims court to recover the money I essentially loaned her?
Expert:  Lev replied 8 years ago.

If you have an agreement with another party and that party violated the agreement resulting damages for you - you always may sue that party for damages.


As from IRS prospective;

if non-custodial parents pays child care expenses - that is considered part of child support and may only a custodial parent may claim such deduction.

If you have unconditional agreement who will claim the child for dependency purposes in which year - and that agreement was approved by the court - it will be honored by the IRS.


If you have a private agreement - either signed or verbal - that is between you - and in case of disagreement s- either party may sue for damages and/or request for the agreement modification.