My ex, non-custodial parent claimed 3 kids last year. Kids live with me full time. I pay all bills. Can I claim their med expenses, even though he has claimed them?

[Hal_Al · Accepted solution]

Yes, a special rule for separated parents allows you to do that. Medical expenses are only an itemized deduction, subject to a 7.5% of AGI threshold. 

Furthermore,  there is another special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters. You do not need to let him know you are deducting medical expenses

Ref: http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897 Scroll down to "Children of divorced or separated parents (or parents who live apart)"

[amf]

THANK  YOU!