Divorced Filing Separately Child custodial parent child care credit

Forum|Forum|1 year ago
February 8, 2025
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I contributed the maximum (5000) to my FSA, but ex-Spouse gets to claim child as dependent this year. I am custodial parent. Can I still claim the Child in Care deduction for this year?

xmasbaby0

Employee

Yes.

Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 17.

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**