@esajad - see these IRS documents: Appears there would be no issue on the HSA, but Child Care would be problematic.
Child Care:
page 9 on the left:
https://www.irs.gov/pub/irs-pdf/p503.pdf
Generally, married couples must file a joint return to take the credit. However, if you are legally separated or living apart from your spouse, you may be able to file a separate return and still take the credit.
and page 4 on the right:
You Must Have Earned Income
To claim the credit, you (and your spouse if filing jointly) must have earned income during the year.
for the healthcare HSA:
page 3 on the right:
Qualifying for an HSA Contribution
To be an eligible individual and qualify for an HSA contribution, you must meet the following requirements.
• You are covered under a high deductible health plan
(HDHP), described later, on the first day of the month.
• You have no other health coverage except what is
permitted under Other health coverage, later.
• You aren’t enrolled in Medicare.
• You can’t be claimed as a dependent on someone
else’s 2021 tax return.
