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I am divorced with 2 kids and my ex husband and I each take

one child as a dependent...
I am divorced with 2 kids and my ex husband and I each take one child as a dependent on our taxes. Our decree states we split medical expenses not covered by insurance 50/50. This year we had in excess of $10,000 in medical bills on one child. My ex claims that he gets to deduct all of those expenses to include my 50% since he is the one who claims her as a dependent. This doesn't sound correct to me...I paid those expenses, shouldn't I be able to claim them even though I don't claim her as a dependent? She is still my child.
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Answered in 9 minutes by:
9/3/2009
Marvin,EA
Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1,672
Experience: Enrolled to Represent Taxpayers Before The IRS
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Hello and thank you for using Just Answer. A divorced (or separated) parent can deduct medical expenses paid for a child (regardless of which parent claims the personal exemption for the child) if the two parents together provide more than half of the child's support and the child is in the custody of one or both parents for more than half the year [IRC 213(d)(5)]

 

You can deduct the medical expenses you paid for your child on your federal tax return.

Marvin,EA
Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1,672
Experience: Enrolled to Represent Taxpayers Before The IRS
Verified
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