My husband and I file separately due to student loans. We have one child and he is in daycare. I have a dependent care FSA through my job and my husband does not. Since the 2024 maximum is $5000, can I claim that amount since only one of us is contributing and we file separately? Or am I stuck with only claiming $2500?
If only allowed to claim $2500 in this situation, but more than that is claimed, does the rest just become taxable income or is there a penalty of some kind?
