Frequently Asked Questions
I receive child support for my children, and some of it is used to pay their tuition and fees at a private school. I am unable to claim the children as dependents on my return because of the terms of the divorce decree. However, since I do pay the tuition, fees, and other expenses, am I able to take the deduction for elementary and secondary education?
No. The statute provides that the deduction is allowed for the taxpayer who claims the dependent on their current year’s tax return or claims the dependent on their prior year’s tax return. Since you are unable to claim the children as dependents, you are not eligible for the deduction.