If my ex is claiming our daughter this year on his taxes, does he have the right to claim what I pay for our daughter’s daycare expenses?

And would I be able to claim that next year when I do my taxes and claim my daughter?

Asked on January 14, 2013 under Family Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal and state tax laws your "ex" legally cannot claim the expenses that you actually incur for your daughter such as day care expenses on his or her tax returns. The expenses are yours alone and you two are not married to allow him or her to do such.

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