Dependent Care Credit

imranbeg — Mon, 09 Mar 2026 10:33:36 GMT

I'm married filing separately and my spouse is claiming the kids on their return. But turbotax is allowing me to take Dependent Care Credit on my kids because I'm the Head of Household. Is this correct ?

Re: Dependent Care Credit

xmasbaby0 — Fri, 15 Apr 2022 13:02:53 GMT

Are you the custodial parent? Do you have a WRITTEN 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.

topic Dependent Care Credit in Get your taxes done using TurboTax

Dependent Care Credit

Re: Dependent Care Credit