topic I have less than 50% custody of two children and pay more than 50% of their child care expenses. Can I deduct these costs when I file my taxes? in Get your taxes done using TurboTax

I have less than 50% custody of two children and pay more than 50% of their child care expenses. Can I deduct these costs when I file my taxes?

eshley1982 — Mon, 23 Feb 2026 10:34:50 GMT

I have 40% custody and pay 60% of child care.

Re: I have less than 50% custody of two children and pay more than 50% of their child care expenses. Can I deduct these costs when I file my taxes?

xmasbaby0 — Sat, 21 Jan 2023 15:02:57 GMT

No. Only the custodial parent can claim the childcare credit. The custodial parent is the parent with whom the child spends the most nights---at least 183 nights.

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 18.

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.

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child.

Re: I have less than 50% custody of two children and pay more than 50% of their child care expenses. Can I deduct these costs when I file my taxes?

eshley1982 — Sat, 21 Jan 2023 16:08:09 GMT

I am not asking if I can deduct them as my dependents.
I want to know if I can deduct the costs of summer camp and extra curricula activities.

Re: I have less than 50% custody of two children and pay more than 50% of their child care expenses. Can I deduct these costs when I file my taxes?

xmasbaby0 — Sat, 21 Jan 2023 16:09:15 GMT

And....the answer is no. If you are not the custodial parent you cannot claim the childcare credit.