Can ex husband claim education expenses?

Question

Can my ex husband claim our daughter's private school tuition on his federal taxes, without claiming her as dependent?

Answer 1

If he is paying more than half of the tuition then he can claim it.  Also it does depend on your divorce papers and what they say anyone can claim.  

Answer 2

Wayne Z nailed the correct answer.

Answer 3

For a private elementary school, tuition isn't eligible for a credit or deduction even if he  DID claim her as a dependent, so no.

Answer 4

Whoever takes the exemption is the one who takes the COLLEGE tuition deduction - it does not matter who paid the bill.

If your daughter is not going to college, then no one can deduct the tuition for a private school.

Answer 5

First of all, K-12 expenses (public or private) are not deductible at all on the federal return.  Certain states (Minnesota) do give a deduction for private K-12 tuition but the feds do not.

If it is for college, No.  Whomever claims the dependency claims the education credits.

EDIT-

Moot point then.  If it is for private elementary school it isn't deductible by either party.

Answer 6

It depends on the divorce agreement, but basically if he is paying the tuition, he can claim it.

Answer 7

yes