Medical expenses - not dependent

[KJ Judd]

Client divorced this year. She doesn't get to claim her daughter with Down's syndrome. However the decree has both client and her ex-husband paying half the daughter's residental support (she's in a special home).

Since not a dependent, I think she gets no deduction. (We talking $850/mo). Any different thoughts?

[Possi]

she gets it

I believe she gets the medical for her child. The only time she could not would be if she couldn't claim her as a dependent because the child claims herself on her own return.
I'll check documentation on that.

[Bill Tubbs]

Custody

Client divorced this year. She doesn't get to claim her daughter with Down's syndrome. However the decree has both client and her ex-husband paying half the daughter's residental support (she's in a special home).

Since not a dependent, I think she gets no deduction. (We talking $850/mo). Any different thoughts?

I'm not even going to pretend to know which parent (if either) qualifies as having custody -- call me chicken. Anyhow, I would suggest looking at Pub 17, starting with "Dependent" at the bottom of page 134 and continuing thru to pg 136.

Bill

[Possi]

pub 502

This is from the IRS website:

You may include qualified medical expenses you pay for yourself, your spouse, and your dependents, including a person you claim as a dependent under a multiple support agreement. If either parent claims a child as a dependent under the rules for divorced or separated parents, each parent may deduct the medical expenses he or she actually pays for the child. You can also deduct medical expenses you paid for someone who would have qualified as your dependent except that the person didn't meet the gross income or joint return test. Refer to Topic 354, Dependents.

So, I say yes. If "either" parent claims the child, each parent may deduct what they actually pay.
If NEITHER parent claims the child, I'd be saying no.

Anyone else?

[Gretel]

This is what I was thinking about. I would say either parent can claim medical expenses unless kid can claim himself.

[KJ Judd]

You guys are SUPER! Thanks much.