My divorce was final in early 2010. The ex and I have 2 kids who are with me 5 nights a week & with the ex 2 nights a week. Dissolution Judgment states that I get to claim the youngest as my dependent on my taxes every year and the ex gets to claim the oldest as his dependent every year. We agreed that in lieu of paying child support directly to me, the ex would just pay all of the kids' child care costs directly to the provider. So, who gets to claim the child care write off/credit? I'm pretty sure that per the IRS, the kids are both my dependents (they're with me more than 50%), but I've agreed to waive my right to claim the oldest as a dependent. But can I claim the child care expenses paid directly by my ex for my youngest since his paying is only in lieu of direct child support?
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