The divorce decree states my ex can claim the kids...
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cottoncandi83
New Member

The divorce decree states my ex can claim the kids, but I am custodial parent and want to claim expenses I have incured due to supporting my children. What can I do?

 
2 Replies
Anonymous
Not applicable

The divorce decree states my ex can claim the kids, but I am custodial parent and want to claim expenses I have incured due to supporting my children. What can I do?

what type of expenses? most would be non-deductible even if you claimed them as dependents.  

xmasbaby0
Level 15

The divorce decree states my ex can claim the kids, but I am custodial parent and want to claim expenses I have incured due to supporting my children. What can I do?

If you are the custodial parent you can claim the childcare expenses and get the childcare credit.  Not sure what "expenses" you are wanting to claim.  You do not get to claim personal expenses for your children.

 

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

 

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit + education credits if the child is a full-time college student.  The non-custodial parent gets the child tax credit for children under the age of 17.

 

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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