My spouse & I lived in 2 separate states all year. Both kids live with me, but I pay childcare for one, and spouse pays for the other. Can we both claim 1 child each?

[tking35]

Not sure what the difference is between claiming Child Care Credit and claiming a dependent... Since spouse pays for childcare for 1 child, can he claim that 1 child on his MFS state return and I claim the other?  We are trying to file separate state taxes, but already filed both kids together on our MFJ federal return.

[DanielV01]

Only the custodial parent may claim the Dependent Care credit.  The noncustodial spouse may claim the Child Tax Credit if you provide Form 8332 giving your ex the permission to do so.  Otherwise, you and only you may claim the Dependent Care Credit no matter who pays for the expenses.