As per custody agreement, my child's dad claims her in 2020. I pay all college tuition. Do I enter 1098-T on my taxes? Child makes about $300/month. Does she file taxes?

Forum|Forum|5 years ago
January 30, 2021
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ColeenD3

The child's father claims the credit in 2020. To claim the credit a parent must claim the student as a dependent on their tax return.

If your daughter was paid by Form W-2, she is under the filing requirement and does not need to file. If she had withholding, the only way to get it refunded is to file a return.

If she was not an employee and earned money, she is required to file if that amount is $400 or more.

aksi0Author

Thank you for your quick response! Her father has not contributed to tuition or any other of her expenses for over a decade. She lived with me full time until fall 2020 when she went to college. Her dad still insists on claiming her as his dependent on his taxes every even year and will not let me claim our daughter as my dependent during 2020, which is his based on agreement. Does that mean I cannot claim this expense on my taxes at all?

Hal_Al

Employee

Q. Does that mean I cannot claim the education expense on my taxes at all?

A. Yes. In order to claim the tuition credit, or deduction, you must be claiming the child as a dependent.

But, the tuition credit is not lost. The father may claim it, even though you paid the tuition. The credit/deduction goes with the student's dependency, regardless of who paid.