Can the custodial parent claim dependent care credit for amounts paid by non custodial parent
if custodial parent is claiming as a dependent.
if custodial parent is claiming as a dependent.
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My Take on this
To do what you want, you have to see the payment as a gift.
To me the non custodial parent is making the gift to the child, by paying the child's day care. Therefore the custodial parent can't claim it.
If you feel that the gift is to the custodial parent then it would be ok. To me the expense is for the child so the gift is to the child. -
It's no longer "did you provide over 1/2 of the child's support"; it's "did the child provide less than 1/2 of their support"Comment
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dependent care
Child is already a dependent. Just trying to decide if dependent care paid by non-custodial can be claimed by custodial parent.Originally posted by DonB View Post
Seems I remember a court case or ruling that considered the payment by non custodial parent to be the same as child support and then paid by custodial parent to care center.Comment
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Was the payment made directly to the daycare center by the non-custodial parent?Believe nothing you have not personally researched and verified.Comment
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Yes the non custodial parent paid half the dependent care credit directly to the daycare center.Originally posted by taxea View PostComment
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All or some expenses to the custodial parent
This is a strange situation. . .
Of course, for the (as defined) custodial parent the child does not have to be a dependent, but only a "qualifying person."
Related is that the non-custodial parent cannot claim any expenses for the care of the child.
Things could get a bit sticky for what's written on the annual summary / receipts for the day care center(s). The custodial parent apparently only "paid" half of the annual expenses on his/her own. If Earl's comment can be verified, that might resolve that aspect.
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