If my ex claims our son on his taxes can i claim childcare on mine without claiming our son?

Forum|Forum|1 year ago
January 23, 2025
5 replies
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xmasbaby0

Level 15

Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

brooke-a-roberts19Author

Level 2

We currently have split custody but for the best education for our child he stays primarily with his father. He usually claims him every year because he has him primarily but I pay for childcare. Wasn’t sure if I am able to claim that on my taxes or not.

Vanessa A

Level 15

No, you cannot claim it on your taxes. If he is staying primarily with his father, then his father would be the one to claim the childcare expenses as he would be the custodial parent. The custodial parent (for tax purposes) would be the parent the child lives with longer during the tax year.

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Opus 17

Level 15

Who has actual physical custody in their home more than half the nights of the year (183 or more nights)?

The IRS follows physical custody and ignore custody orders. If you are the custodial parent (have actual physical custody in your home more than half the nights of the year) then only you have the automatic right to claim the child as a dependent. To allow the other parent to claim the child, you must give them a signed form 8332, which they must attach to their tax return. You are still allowed to claim head of household, EIC and the childcare credit (if you qualify) because those tax benefits can't be transferred to the other parent.

In TurboTax, you will answer that you cared for a child, that the child lived with you more than half the year, there is a custody agreement, and you did give the other parent a signed form 8332. Turbotax will not claim the dependent credit but will allow you to claim the child care credit or other benefits if you qualify.

If you are the non-custodial parent (have actual physical custody in your home less than half the nights of the year) then you can never claim the child care credit, even with form 8332 allowing you to claim the dependent credit.