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  • daycare tax time

    I contributed to my older son's before and after school care. I have copies of the checks provided to my ex. (As he is in private school there is an extra fee part of the tuition for the extra care). My current spouse and I have another young child in daycare.

    Last year I was not able to work for 4 months. My spouse is claiming the daycare expense for our young child even though she made more then I did. (letter from doctor saying I was incapable of caring for my younger child). Can my spouse claim the amount I paid to my ex for my older child?

  • #2
    The amount paid to your ex is CS right? Even if it the section 7 portion of CS, it is still CS and not deductible to you as either CS or child care. Presumably she turned around and paid the child care herself.

    Where the benefit of the tax deduction should be considered is the establishment of the section 7 expenses themselves. They should be split pro rata to your respective incomes on an after tax basis.

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    • #3
      thanks for the tidbit. actually the amount I paid for before and after school care is above the CS amount and the checks state its for daycare expense

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      • #4
        Yes, but it is paid to the other parent, not the daycare.

        It sounds like it's the section 7 portion of CS in addition to the table amount. It's still CS.

        Did you consider the tax effect when establishing the amount? If not, you should adjust the amount downward to reflect the deduction that she is entitled to claim.

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