Anonymous
Not applicable

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only one of you can claim the child as a dependent which normally would be the custodial parent.

 

you apparently has no qualifying individual and thus no qualifying expenses so the $5,000 would end up be included in your  taxable wages if not forfeited or allowed as a carryover to be used in 2020 during the grace period - employer plans vary on this .  any amount spent on nonqualifying expenses would end up being taxable wages.