Divorced - Child Care Tax Credit

[bpc1776]

I am divorced with multiple children. My ex wife and I are each splitting the children as dependents. She is claiming my daughter (under 13). We split her child care costs and summer camp. How do I get this tax credit in TurboTax if I cannot claim her as a dependent?

[RachelW33]

Only the custodial parent can claim the Child and Dependent Care Credit, it cannot be split between you and your ex-wife.  

If your daughter did not live with you more than 1/2 of the year (183) days, then you cannot claim the credit.

If your daughter did live with you more than 1/2 the year, then you are able to claim the credit even if you are not claiming her as a Dependent.  If that is the case, you should follow these steps:

1. Sign in to your TurboTax account and open your return
2. Click on the Personal Info bar and then click Review/Edit
3. Click on Add a Dependent and enter your daughter's information
4. Walk through the interview questions.  Here you will indicate that your daughter lived with you over half the year but you are NOT claiming her as a Dependent.
5. Next, in the upper right corner of your screen, click on the magnifying glass and search "child care" and click the "jump to" link
6. Here you can enter the child care expenses that you paid for your daughter.  Note, you can only claim what you actually paid, you cannot include what your ex-wife paid.

For more information, please see this TurboTax Help Article: What is the Child and Dependent Care Credit?

[bpc1776]

Thank you for the reply.

Apparently my ex wife and I cannot both claim this credit for Child Care. My return was rejected stating that my daughters SSN was already used on a return that has already been completed (my ex completed hers in February). We both paid for this care separately during the year.

[DaveF1006]

Unfortunately, you both cannot share the credit. It looks like your ex filed first.  It is usually granted to the parent who claims the child as a dependent on their return.

Some divorce settlements have a clause where parents can claim their children as dependents in alternating years. For an example, this year you can claim your child as a dependent and receive all of the credits that you are entitled to. Then next year your ex can do the same. You may ask your ex if she would be interested in such an arrangement to avoid future conflicts.