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I posted this in another forum but wondered if there's anyone in NE that might know.
In our agreement, ex and I claim our daughter every other year unless he is behind on child support. Last year he didn't pay daycare, which is ordered in the divorce decree, for 11 of the 12 months. Is this considered "child support" or is separate? I'm working on finding my copy of the divorce papers so I can see the exact wording. The child support is automatically deducted from his paycheck but the day care he was supposed to be sending to the daycare itself. I'm the CP and I'm thinking of claiming her for 2007 even though it was not my year because of this. We paid WAY less in daycare that most people because my mom watched her but he's still behind over $1,000, which I paid both his and my share of whether he paid or not.
I did end up finding my divorce decree and it says "in no event shall respondent (ex) be entitled to claim child in the event that he is in default under any term of this agreement with respect to child support or other payments for the benefit of the minor child."

You better tell him that you are claiming her otherwise your entire tax return could come under scuntiny and you really don't want to deal with the IRS regardless what is written in your decree. The IRS is a non-emotional arm of gov't. They aren't in the business of resolving marital issues, past or present. If you are deadset on claiming her, better make a call to the IRS first and write down the name of the person you are consulting.

Is your mom the daycare provider 100% of the time? Do you only pay her $100 a month for daycare? What's the arrangement and how many hours/days does she have your daughter?

is daycare part of the court order or a verbal agreement between the two of you

My daughter started school in August so my mom watched her for $200 a month from January thru August of 2007. He paid January of 2007 and hasn't since. Day care is part of the order and it says he will pay $100 a month specifically for day care.

Is your mom claiming the money you pay her on her taxes? If not, you may not want to open that particular can of worms.

Yes, she will be paying taxes on it. I'm sure it's less than I will get if I can claim my daughter.