Tax Deduction

[tvalcich]

<p>Here's my question... I am a divorced mom of 3 children. My oldest son is a freshman in college. His first year has been financed by a stafford loan, merit aid from his college, outside scholarships..and the remaining balance (~7,000) has been paid equally between his dad and I via the tuition mgt.plan. According to our divorce decree, dad claims the oldest ( college student), I claim our second son and every other year I claim our third child. I recently have read about the education tax credits/deductions and I was just wondering ..due to the fact that my ex-huband can claim our college son does he get all the tax benefits for him every year even if I spent over 4,000 for his education this year out-of-pocket...not just for tuition but I financed all of his books and travel expenses for this year. I am getting ready to file my taxes and complete the FAFSA so this is an important question and I am hoping that someone can help.</p>

[cptofthehouse]

<p>If this is not spelled out in the divorce decree, you need to work it out with him. Call your divorce attorney and find out what he has to say. I know people who alternate each year, and I know some who have the parent claiming the particular student get the credits which would mean your ex gets the oldest and you get the next and you alternate with the third. A good attorney would have worked this into the divorce settlement so that it was all taken into account and spelled out.</p>

[4kidsdad]

<p>IRS considered your ex-husband paid for the qualified education expenses even though you actually paid for the expenses.</p>

<p>See IRS Pub 970 [Publication</a> 970 (2011), Tax Benefits for Education](<a href=“http://www.irs.gov/publications/p970/ch02.html#en_US_2011_publink1000204324]Publication”>http://www.irs.gov/publications/p970/ch02.html#en_US_2011_publink1000204324)

Generally, you can claim the American opportunity credit if all three of the following requirements are met.</p>

<p>•You pay qualified education expenses of higher education.</p>

<p>•You pay the education expenses for an eligible student.</p>

<p>•The eligible student is either yourself, your spouse, or a dependent for whom you claim an exemption on your tax return.</p>

<p>Note.
Qualified education expenses paid by a dependent for whom you claim an exemption, or by a third party for that dependent, are considered paid by you.

</p>

[swimcatsmom]

<p>Only the person who claims the student on their tax return can claim the education tax credit. It doesn’t matter who actually pays the expenses. </p>

<p>If you are on friendly terms with your ex, perhaps you can switch off which kids you claim in alternate years. Otherwise you will be able to claim the credit for your second child when he/she goes to school.</p>