I have a daughter but her mother has already claimed her. I still have daycare expenses. What can I claim?
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The custodial parent (parent with whom the child spends the most nights) can claim the child care expenses even if signing a form 8332 to allow the non-custodial parent to claim the child as a dependent. The non-custodial parent cannot claim the child care credit.
If the child's other parent is custodial she would have indicated the child lived with her more than 1/2 the year. She would have claimed any child tax credit plus any child care credit and could have file head of household.
If the other parent is not custodial and you are, she should have indicated the child lived with her less than 1/2 the year but was able to claim the dependent due to an agreement with you by court order. If this is the case you are custodial and can file that the child lived with you for more than 1/2 the year (7 months or longer) and that you are signing a form 8332 giving the other parent the dependent claim.
You would then be able to claim the child care credit on your return and file head of household if you maintained a home for you and the child.
If two parents are living together unmarried and share a child, one parent lists the child as a dependent, answers "no" to the question about a custody agreement (because that only applies to a court order between parents who are divorced or separated) and the other parent does not list the child on their return at all. Parents living together can't "split" the tax benefits of a dependent. You can't claim any day care expenses, but you paid expenses for care so the other parent could work, the other parent could include those expenses as if you gave the other parent the money and the other parent paid the caregiver.
For cases where parents are divorced or separated or living apart and sharing custody, only the parent where the child lived more than half the nights of the year can claim the childcare credit, along with head of household status and eligibility for EIC. If that is not you, you can't take the credit for your childcare payments.
If you are the parent with custody more than half the year, then the other parent can only claim the child if you give them a signed form 8332 dependent release. In turbotax, you would indicate the child lived with you more than half the year (choose "7 months" or more) and there is a custody agreement and you are giving the other parent a signed form 8332. The child will not be your dependent and will not qualify for the $2000 child tax credit or the stimulus rebate, but is still a qualifying person for head of household, EIC and the childcare credit.
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