The father pays for the childs daycare, I claim the child as he lives with me. Can I claim the childcare expenses even though he gave the money to pay for the child care?

[chrlion06]

The father/my boyfriend pays for the childs daycare. I claim the child. Can I claim the child care expenses, even though he gave the money for the child care?

[DanielV01 · Accepted solution]

Yes, as long as you otherwise qualify.  Please see this FAQ which describes in more detail this credit:  https://ttlc.intuit.com/replies/3301418

Your child's father cannot claim the credit because he is not the custodial parent.  His payments for daycare will be considered similar to if he were paying child support: nonreportable and nontaxable gifts.  Thus, the payments he is making are considered to be made by you.  If you otherwise qualify (child is under 13 and you have earned income from work, and you use daycare because you are working), you and only you will be able to deduct this expense on your return.