Legal Question in Family Law in Massachusetts

i have joint legal and physical custody of my daughter and every other year i am able to claim her on my taxes. 2011 is my year to claim her and was wondering if i am able to claim day care if i dont pay it directly. Since my ex wife pays it can she claim it every year even if it is my year to claim my daughter. if i get my day care provider info is that good enough on the years i claim her. thank you if you answer


Asked on 2/22/11, 8:14 am

1 Answer from Attorneys
Richard Kell Law Office of Richard B. Kell

No. The Child Care Credit is much more strict than the Dependency Exemption in the sense that the parent who pays for it directly will be the only one entitled to claim it, regardless of whose year it is to claim the exemption.

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Answered on 2/22/11, 8:39 am


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