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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 06-16-2017, 08:01 PM
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I think Daycare place is feeding you a load of crapola.
They prepare MANY separate statements each month for each individual child. It shouldn't be a hassle for them. You are, after all, the customer.
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Old 06-16-2017, 08:26 PM
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Originally Posted by arabian View Post
I think Daycare place is feeding you a load of crapola.
They prepare MANY separate statements each month for each individual child. It shouldn't be a hassle for them. You are, after all, the customer.


It's a small rural operation with a staff of about 3 people. I am going to try again for what it's worth because I agree it would be much better to have them separate everything out for the two homes.


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Old 06-17-2017, 10:17 AM
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Claiming child care expenses and receiving the childcare benefit are different.

If childcare cost $10 000 for 2016, and he paid $6000 and you paid $4000. You photocopy the receipt for your files and only claim the amount you paid.


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Old 06-17-2017, 11:16 AM
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Originally Posted by len14 View Post
Claiming child care expenses and receiving the childcare benefit are different.

If childcare cost $10 000 for 2016, and he paid $6000 and you paid $4000. You photocopy the receipt for your files and only claim the amount you paid.


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Can you provide a link that supports your position? Unless there is a shared parenting arrangement, the primary parent claims the child care, hence why child care should be reduced by the tax benefit received


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Old 06-17-2017, 11:54 AM
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Originally Posted by len14 View Post
Claiming child care expenses and receiving the childcare benefit are different.

If childcare cost $10 000 for 2016, and he paid $6000 and you paid $4000. You photocopy the receipt for your files and only claim the amount you paid.


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This isnt right. He pays the NET cost of the expense which means his portion of the after tax amount. She is eligible to claim the FULL child care amount on her taxes and then subtracts the tax benefit from the total they split.

Her ex is being a dick about it.
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Old 06-17-2017, 12:10 PM
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Originally Posted by rockscan View Post
This isnt right. He pays the NET cost of the expense which means his portion of the after tax amount. She is eligible to claim the FULL child care amount on her taxes and then subtracts the tax benefit from the total they split.

Her ex is being a dick about it.


Yes this is right. He cannot claim any childcare expenses on his tax return according to the agreement.
It sounds like it is quite normal to work out the net daycare and then divide it over 12 months and work out the proportionate rate of that amount. I will probably have to get the lawyer to convince him of this since now he has stopped his daycare payments without even offering a solution he sees fit.


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Old 06-17-2017, 12:15 PM
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Originally Posted by Ange71727 View Post
Yes this is right. He cannot claim any childcare expenses on his tax return according to the agreement.
It sounds like it is quite normal to work out the net daycare and then divide it over 12 months and work out the proportionate rate of that amount. I will probably have to get the lawyer to convince him of this since now he has stopped his daycare payments without even offering a solution he sees fit.


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It's not just because your agreement states it, I am certain the tax laws also state that only a primary parent can claim, hence the after tax amount is what is split


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Old 06-17-2017, 12:19 PM
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Originally Posted by Berner_Faith View Post
It's not just because your agreement states it, I am certain the tax laws also state that only a primary parent can claim, hence the after tax amount is what is split


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I think you are right that it's only a primary parent. Also, I believe only the lower income earner can claim childcare. For example, I am remarried with another child but had to be the one to claim the childcare expenses as my husband earns more than me. I guess this also applies to who gets the UCCB (or whatever it's called now). That monthly amount only comes to me.


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Old 06-17-2017, 01:15 PM
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Originally Posted by Ange71727 View Post
I guess this also applies to who gets the UCCB (or whatever it's called now). That monthly amount only comes to me.
I dont know about child care claiming stuff but the gov't splits the UCCB in half each month for my ex and I. We each get half deposited in to our account, regardless of who earns more...but we have shared. Something I think you're against if I remember.
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Old 06-17-2017, 04:06 PM
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Originally Posted by LovingFather32 View Post
I dont know about child care claiming stuff but the gov't splits the UCCB in half each month for my ex and I. We each get half deposited in to our account, regardless of who earns more...but we have shared. Something I think you're against if I remember.


Last line very unnecessary.

LF is correct though, in shared situations both parents can receive the UCCB regardless of who makes more. In the case of your new marriage you receive it because you are a couple and the lower earner receives it. But your ex and you are both entitled in shared situations which is why both parents may receive.

If you don't have shared you claim all child care expenses and receive the UCCB


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