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It doesn't matter that your spouse isn't the parent of the child. The law is that the Child Care Credit is not allowed if your filing status is Married, Filing Separately. That's just one of the reasons that filing a separate return is a disadvantage. Depending on your situation, you may be able to file as Head of Household, but not if you lived with your spouse during the last 6 months of the year.
It doesn't matter that your spouse isn't the parent of the child. The law is that the Child Care Credit is not allowed if your filing status is Married, Filing Separately. That's just one of the reasons that filing a separate return is a disadvantage. Depending on your situation, you may be able to file as Head of Household, but not if you lived with your spouse during the last 6 months of the year.
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