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Tax Law (Questions About Taxes)/child care expense credit

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Question
I am divorced and I pay my wife child support.  On top of that, I also give her money for after school daycare expenses and with that money she pays the daycare.  Our divorce order specifically states that I will pay the daycare expense to her and then she pays the daycare.  Who can claim the credit.  She says since she writes the checks, she can.  But the money comes from me.

Answer
Congrats, you have (had) an officially shitty divorce lawyer

Depending upon how the final decree was written you might get to take the credits. But it sounds like you are making more non deductible child support payments.   

Does she have to file 8332?   Or does she get to take dependent,credits, head of house and all that?

Do you get child as dependent?  Who has primary custody?

Tax Law (Questions About Taxes)

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Tax and general business including hospitality related (hotel mgmt degree and experience in industry prior to obtaining ms tax and cpa).

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19 years cpa. ms tax. NOTE: My discussions are only a general information and do not constitute tax advise without entering into a specific agreement and executing an engagement letter; This free chat is nothing more than general information and should not be construed as tax advice nor does my response or replies imply an agreement to provide client specific advice or other guidance for purposes of avoiding IRS tax or penalties and should not be relied upon without your own validation and confirmation of the how the discussion may fit your facts... Not having all the facts and/or not having a direct client relationship prevents me from providing the most accurate replies as possible and I highly suggest using a local CPA to provide you with written advice and guidance. Taking matters into your own hands is much akin to trying to land an airplane without a license. It is easy to FLY a plane, but LANDING is when critical experience is key. In short, caveat emptor; do your homework and don't just rely on free chat board advice anywhere, anytime.

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