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I am unmarried and my fiancé is claiming our child. I paid for a portion of the childcare, am I able to claim that when I am not able to claim the child?

 
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DawnC
Expert Alumni
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

I am unmarried and my fiancé is claiming our child. I paid for a portion of the childcare, am I able to claim that when I am not able to claim the child?

No, you can't split up child tax credits.   If your fiancé is claiming the child, they will take all of the credits, but they can include what you paid when they claim the credit.     The info referenced above is for divorced and separated parents, so it doesn't apply to you.   There is no dividing of credits in your situation.   

 

Sometimes a child meets the rules to be a qualifying child of more than one person.  If the child is the qualifying child of more than one person, generally, only one person may claim the child as a qualifying child for all of the following tax benefits:

 

  • EITC,
  • Dependency exemption for the child,
  • Child tax credit, additional child tax credit, or credit for other dependents,
  • Head of household filing status,
  • Credit for the child and dependent care expenses, and Exclusion from income for dependent care benefits.

 

Generally, another person may not take any of the five tax benefits listed above unless he or she has a different qualifying child.

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3 Replies
IamJen
Returning Member

I am unmarried and my fiancé is claiming our child. I paid for a portion of the childcare, am I able to claim that when I am not able to claim the child?

This is from the IRS website: Topic No. 602, Child and dependent care credit 

 

Children of Divorced or Separated Parents or Parents Living Apart - A noncustodial parent who is claiming a child as a dependent should review the rules under the topic Child of divorced or separated parents or parents living apart in Publication 503PDF, because a child may be treated as the qualifying individual of the custodial parent for the child and dependent care credit, even if the noncustodial parent is entitled to claim the child as a dependent.

 

If your child lives with you, you are the custodial parent, then you should be able to claim the dependent care credit.

DawnC
Expert Alumni
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

I am unmarried and my fiancé is claiming our child. I paid for a portion of the childcare, am I able to claim that when I am not able to claim the child?

No, you can't split up child tax credits.   If your fiancé is claiming the child, they will take all of the credits, but they can include what you paid when they claim the credit.     The info referenced above is for divorced and separated parents, so it doesn't apply to you.   There is no dividing of credits in your situation.   

 

Sometimes a child meets the rules to be a qualifying child of more than one person.  If the child is the qualifying child of more than one person, generally, only one person may claim the child as a qualifying child for all of the following tax benefits:

 

  • EITC,
  • Dependency exemption for the child,
  • Child tax credit, additional child tax credit, or credit for other dependents,
  • Head of household filing status,
  • Credit for the child and dependent care expenses, and Exclusion from income for dependent care benefits.

 

Generally, another person may not take any of the five tax benefits listed above unless he or she has a different qualifying child.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

I am unmarried and my fiancé is claiming our child. I paid for a portion of the childcare, am I able to claim that when I am not able to claim the child?

If all of you live together then only one of you can claim the child and get the child-related credits.   Splitting the credits is sometimes done when the parents are divorced or never married and live APART and share custody of the child per a written agreement.   One of you claims the child, maybe even files as Head of Household and gets the child tax credit and childcare credit.  The other parent does not enter the child on their tax return--and files as Single.

**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.**

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