ascopel
New Member

Currently my significant other and I are not married. We are about to have a 2nd child. Can we each claim $5,000 in our employers dependent care FSA's next year (2017).

Currently the mother and I are unmarried, live together, and we each claim $2,500 Dependent care FSA deduction through our employers for our 3 year old son.  We are about to have our 2nd child next month in 2016.  For next year (2017) could each of us take one dependent completely keeping expenses separate and claim $5,000 in each of our employers dependent care FSA plan.  I have not seen anything where this is not allowed nor have I found anything confirming it.  I have yet to talk to an accountant or tax attorney about the situation.  I ask this because her employer is already in open enrollment and mine is about to in the coming two weeks where we need to set the dependent care FSA amounts in each plan.  Thanks.