Can I claim orthodonist expenses for daughter (shared custody) even though I don't claim her as a dependent?

[grayvie11]

My daughter is 14 years old and I have shared custody of her.  She lives with me 3 days a week.  My ex wife claims my daughter as a dependent. My daughter is covered by my extended dental and medical benefits from my employer.  Can I claim the uninsured portion (i.e. the portion I paid) for her dental braces? 

[TonyC11 · Accepted solution]

Yes you can claim these expenses, provided no-one else has, and that the expenses are eligible. You need receipts for amounts claimed, which would be any un-reimbursed costs.

You may be advised to claim for your daughter as a separate dependant, with credit on line 331 not line 330 of your schedule 1. This men's that 3% of her Net Income will be deducted, not 3%  of your Net Income. 

The downside to that approach is that you have to claim your own Medical credit (if any) separately on line 330 of your schedule 1.

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