Can the custodial parent claim child care expenses paid by the non-custodial parent? Others on intuit say yes, but where is this written? Thanks

[Critter]

@Carl 

Your answer needs correction ... I am sure you meant to indicate CTC not EIC ... 

WHile the non-custodial parent "may" qualify for the EIC for the child, that's about it. They can't claim the child care credit, or any other credit (other than the EIC if they qualify) that the custodial parent qualifies for. It doesn't matter if the custodial parent actually claims the credit or not either.

[macuser_22]

The non-custodial parent can NEVER qualify for or claim *either* the dependent care credit OR EIC for the child (they might qualify for EIC on their own without the child).     Using a child dependent for both the dependent care credit and EIC require that the child physically lived with the parent for more than half the year.

The only credit that the non-custodial parent can claim is the CTC (child tax credit) and dependent.

[Carl]

Thanks @Critter . Yup, meant to type CTC. Apparently, my fingers were engaged before my brain was in gear. 🙂

[jrbcmb36]

What was the name of the specific court case?

John