Can I claim private school tuition on taxes when alternating years claiming dependent with ex?

Thanks for the response. So even though I'm the one who paid all the tuition and she's agreed not to claim any education expenses, there's no way for me to get the tax benefit? That seems unfair since I'm shouldering 100% of the cost. Is there any way we can file something with our taxes to specify that she's claiming him as a dependent but I'm claiming the education expenses? Or does the dependency status automatically prevent me from claiming any education-related expenses?

Unfortunately, most education tax benefits are tied directly to dependency status. The IRS rules are pretty rigid on this point - generally only the person claiming the child as a dependent can claim education expenses for that child. There's no form or election that allows you to split it where one parent claims the dependency exemption while the other claims education expenses. The tax benefits are designed to be a package deal. Even though you paid the expenses, the tax benefits generally follow the dependency claim. What you might consider is reviewing your custody agreement with a family law attorney. Many agreements include provisions about sharing tax benefits equitably, especially when one parent is covering specific large expenses like education. You could potentially modify your agreement to alternate years differently or create some other arrangement that better reflects the financial responsibilities.

Does this actually work for Montessori though? I thought the Child and Dependent Care Credit was only for daycare, not private school or educational programs. My accountant told me Montessori wouldn't qualify because it's considered educational rather than childcare.

I'm curious about this too. How much does the service cost? Is it just a one-time analysis or do they help with the actual filing too? I've been debating between using something specialized like this or just going to H&R Block.

For Montessori specifically, it often depends on the child's age and how the program is structured. For children under 5, many Montessori programs can qualify as care rather than just education, especially if they provide care during working hours. The IRS looks at the "primary function" - for a 3-year-old, supervision and care is usually considered a primary function even in educational settings. The service offers one-time document analysis for specific tax situations, but they also have options for more comprehensive help. I just needed clarity on my specific custody/childcare situation. They don't replace your tax preparation software but provide specialized guidance you can apply when filing.

Wait, is this legit? How does this even work? I've literally spent DAYS trying to get through to the IRS before giving up. If this actually works I'd pay good money for it.

Sounds scammy to me. Why would I pay a third party when I can just call the IRS directly for free? They're probably just using some automated system to wait on hold for you, and you could just put your phone on speaker and do the same thing.

It works by holding your place in the IRS phone queue so you don't have to sit there listening to the hold music for hours. When they reach an agent, you get a call to connect you directly. It's basically like having someone wait in line for you. I was skeptical too at first, but after my fifth attempt waiting 2+ hours and getting disconnected, I was desperate. They connected me within 17 minutes to a real IRS agent who actually knew what they were talking about regarding custody arrangements and education credits. Definitely worth it for complicated tax situations where you need official guidance.

Thanks for mentioning the form! Quick question - is it Form 8832 or did you mean something else? I've been looking online and Form 8832 seems to be related to business entity classification, not childcare expenses. Is there a different form number I should be asking my son's Montessori for?

You're absolutely right, I made a mistake with the form number. I meant to say that you should get documentation from the childcare provider, which is typically reported on Form 2441, not 8832. Most providers will give you a receipt or year-end statement with their tax ID (EIN) and the total amount you paid during the year. Some providers will complete Form W-10 (Dependent Care Provider's Identification and Certification) which gives you their official information for tax purposes. That's what you'll need when completing Form 2441 to claim the Child and Dependent Care Credit. Thanks for catching my error!

Yes! I successfully did this last year. The key is that you must have custody for more than half the nights of the year to claim the Dependent Care Credit, even if your ex claims the child as a dependent due to your agreement. I had to paper file though, because TurboTax kept giving me errors when I tried to enter it this way.