My husband did not have earned income in 2017. He is also not the legal parent of my 2 children (step-father). Can I not still get child care credit?

[sarpgl]

I understand if both legal parents/guardians are on same return and one has no income. But not if a step-parent. Both children are 10 and under. One is disabled and flagged as such with taxes since his diagnosis.

[Opus 17]

A step-parent is a legal parent for tax purposes and has all the same rights toward a dependent as a biological parent does.

To claim the dependent care credit when you are married, the child must have lived in your home more than half the year, and you must pay for care so that you and your spouse can both work.  If your spouse didn't work in 2017, you can't claim the credit.

[sarpgl]

Thank you!