Dependent care FSA with part-time student spouse

[iviinivi]

I work full-time and am contributing to the Dependent Care FSA provided by my employer. I contribute $250 per month to the FSA and this will result in a total contribution of $3000 for 2019. 

My spouse is not employed and will be a part-time student for 12 months in 2019. We have our child in daycare while my spouse attends school.

My questions are:

1. Will my FSA reimbursement claims for our child's daycare be denied since my spouse is not a full-time student or employed or looking for employment?
2. If it is not denied and I do get reimbursed the entire $3000 spent on daycare, will I just end up owing taxes on the $3000? Or will I have to pay back the $3000 as well?

Thanks in advance!

[Critter]

1. Will my FSA reimbursement claims for our child's daycare be denied since my spouse is not a full-time student or employed or looking for employment?   You can still use the FSA as it was set up for...ask the FSA administer.
2. If it is not denied and I do get reimbursed the entire $3000 spent on daycare, will I just end up owing taxes on the $3000? Or will I have to pay back the $3000 as well?  The $3000 will simply be added back to your income since the deduction is not allowed.