In order to claim the Child and Dependent Care Credit, you
must be the custodial parent. You
also must have been the parent who paid the expense. If you have two children and
you share custody, you could agree that one child lived with one parent for
more than half the year, and the other child lived with the other parent for
more than half the year. Each of you could only claim one child’s daycare expenses. You can’t divide the expenses for
both children and each claim half.
Please see this IRS
link, under Child of divorced or
separated parents or parents living apart.
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