I am divorced. My ex gets the child tax credit for my 5 yo. Shouldn't I be able to get the child care credit? I am the custodial parent, she is with me 100%

[xmasbaby0]

Yes, you get the childcare credit, earned income and Head of Household filing status.   If you have a signed agreement with the other parent ---the other parent gets child tax credit and that is all they get.

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

[rjs]

Have you entered your income? In order to get the child care credit you have to have income from working - either a W-2 or self-employment income.

[lexid19-msn-com]

I am the custodial parent and they are with me 100% of the time. I guess this portion is in the state taxes for the $360 child and depended care credit but turbo tax won’t let me bc it says she’s not my dependent. Another tax website did add it to my state taxes. 

[Opus 17]

You need to carefully follow the interview.  
Yes, you care for a child. 
Yes, the child lives with you more than half the year (or choose all year). 
The other parent will claim the child for the credit.  
You will give the other parent a signed form 8332.   

That should create a situation where the child is not your dependent but is qualified for head of household status, EIC, and the child care credit.  

[rjs]

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@lexid19-msn-com wrote:

I guess this portion is in the state taxes for the $360 child and depended care credit but turbo tax won’t let me bc it says she’s not my dependent. Another tax website did add it to my state taxes. 

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What state is it? Every state has different rules.