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I am trying to write off child care expense for a child who my husband claimed on hid taxes for 2018.. but I am the custodian

 
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5 Replies

I am trying to write off child care expense for a child who my husband claimed on hid taxes for 2018.. but I am the custodian

Please explain---you said "my husband"  claimed the child.  Are you still married?  Do you live together?  What is your filing status?  If you are living apart and you were the custodial parent then you can claim the childcare credit, but we need more information.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

I am trying to write off child care expense for a child who my husband claimed on hid taxes for 2018.. but I am the custodian

I am sorry we are divorced and living apart. The child resided with me for the whole year of 2018

I am trying to write off child care expense for a child who my husband claimed on hid taxes for 2018.. but I am the custodian

If you have a signed Form 8332 for the other parent to claim the child, then the other parent gets the child tax credit.  As the custodial parent, you still get earned income credit, childcare credit, and the filing status of head of household.  If your ex already filed and claimed all of the child-related credits, then print, sign and mail your own return and let the IRS sort it out.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

I am trying to write off child care expense for a child who my husband claimed on hid taxes for 2018.. but I am the custodian

In TurboTax (TT), enter the child as a dependent. Then follow the interview carefully. You will be asked if you are allowing the other parent to claim the child. When you answer yes, TT will allow you to claim the EIC and Dependent Care credit (DCC). Later, you will enter the dependent care expenses, as usual.
_______________________________________________________________________________________________________
 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.
 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.
Ref: <a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p17#en_US_2017_publink1000170897">https://www.irs.gov/publications/...>
Scroll down to "Children of divorced or separated parents (or parents who live apart)"
Anonymous
Not applicable

I am trying to write off child care expense for a child who my husband claimed on hid taxes for 2018.. but I am the custodian

what happens when more that one person claims the same dependent is the second person filing must mail in their return,  sooner or later both claimants get a notice from the IRS asking for an amended return.  .  you are the one entitled so you do nothing. If your ex also doesn't amend,  then both of you get a second notice saying prove it.  proof would include school records, medical bills a picture of the child and their room,  the IRS letter will probably contain a list of other documents too.  the IRS will then make a decision on what is submitted.  the looser gets a bill.  

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