@JustHERE1 wrote:
@williasp I was reading that situation and it seemed to be my circumstance as well. Almost identical, it sucks because we already did FSA’s for next year and will be in the same circumstance as well.
I wonder if in 2024, we can each claim a kid and avoid having to pay taxes on the other 2500.
You are adding on to a very long and old discussion and there is not enough information about your situation to answer.
If you live together with your spouse and file separately for other financial reasons, and you have two or more children who receive qualifying care, then you can each claim one child and use an FSA up to $2500. However, if you are separated and sharing custody, only the parent who has custody more than half the nights of the year can use the FSA for care, even if the non-custodial parent claims a child because of a custody agreement or court order. The ability to claim the child care credit always stays with the parent who had custody more than half the year and can't be transferred or shared.
