Claimed a dependant without knowing that the other parent has a dependant care FSA. now she cant claim that FSA.

[Justadadwhomessedup]

I claimed my dependant not knowing the other parent has a Dependant care FSA. Now she can't add the FSA money spent to her taxes. I messed up not knowing i couldn't claim the childcare tax credit. To amend my taxes will take over 20 weeks. What can we do?

Does She have to wait for mine to be amended to file? Her taxes keep getting rejected because I claimed the dependant. 

Does she not put in the DCFSA and that money will get taxed? 

Will there be a penalty for her not reporting her DCFSA?

[Vanessa A]

She will need to print and mail her return. She should not wait for your amend to be processed, she just needs to mail it now as she will not be able to e-file.  Then the IRS may contact one or both of you for more information on who should actually claim your dependent.  It will take longer to process her return.  

No, there will not be a penalty as she will be reporting her DCFSA, but it will be on paper instead of e-filed.  

[Justadadwhomessedup]

There was no agreement on who should claim the dependant. 

I paid child care every month so I entered what I paid per month. The mother and I live together so the dependant lives with me 100% of the time. TurboTax info about Child Care Credit had nothing about two people claiming the credit.  I did not know that the mother had a DCFSA and couldn't file. 

She has the DCFSA amount on her W2.  

Can she just not enter the DCFSA from her W2? Will she get in trouble? 

I will just pay her the difference in the tax refund, since I messed up.

[LeticiaF1]

If she received DCFSA and she does not have a dependent that she paid care for on her return, that money will turn into taxable income.  This means that her tax will increase due to this.  

@Justadadwhomessedup