I am divorced and claim my younger child on my taxes. I have a dependent care account, can I use these funds for both of my children, including the child I do not claim?

[flagflingr]

My concern is that the amount not used on the child I claim will be reported or taxed in some odd way even though there are legitimate care expenses for the child I do not claim.

[NCperson]

@flagflingr  more information please.

why do you claim one child and why do you not claim the other?  are you the custodial parent of both children, i.e. do they both live with you?  how old are they? 

is this a DCFSA?  (depedenant care FSA) You can only claim expenses for a dependent. 

[Bsch4477 · Accepted solution]

If you are the custodial parent (the parent with whom the child lived for more than half the year), the child is a "qualifying person" for your Dependent Care FSA even if the non-custodial parent claims them as a dependent.