From my understanding if you don't qualify for EIC- whomever pays the most taxes benefits the most. He makes 110k/year, I make 60k/year. His job doesn't offer an FSA and mine does. I'm just concerned that when we file in 2019 I will be required to claim her since I signed up for the FSA.
If you are living unmarried with the other parent of the child, only one parent may claim the child as a dependent on their 2017 tax return. That is the parent who can also pay for medical expenses from an HSA or FSA or take the medical expense tax deduction or child care credit for expenses paid with after-tax dollars.
Assuming you and your partner will live together with the child, then either one of you can claim the child as a dependent, but not both -- a child may only be claimed as a dependent once.
I was planning on claiming my daughter on my taxes this year, but it makes more sense for my boyfriend, her father, to claim her instead because he made more money than me. However I took a dependent care FSA for her daycare expenses, and now I can't figure out how to report that money as income? It doesn't show up anywhere on my w2 in any box. Help!