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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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My son is a divorced father of one child. His ex and he has

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My son is a divorced father of one child. His ex and he has 50/50 legal custody and 50/50 visitation time. Neither one has more custodial time than the other. No child support has been ordered. They provide for the child when in that parents care for her total needs. They take turns, by year, using her as a deduction on taxes. Mom claims her as a deduction this year and next year the father will. Since he is not claiming her as a deduction, can he still claim the childs after school day care he paid last year? Can he claim any medical/dental or eductional expenses he paid last year?
Submitted: 8 years ago.
Category: Tax
Expert:  Merlo replied 8 years ago.

Unfortunately, the expenses for child care, medical expenses and education can only be claimed for a person that is claimed as your dependent. So he would only be able to claim these expenses in the years where he was claiming the child as his dependent on his return.

If the parents are alternating years where they claim a child, it would probably be a good idea to have the parent who is claiming the child in a particular year also be the parent who pays those types of expenses for the year, so that each could take advantage of these types of deductions.

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