I am divorced. My son spent 50% of the year living with me. I earn more so according to TurboTax help I am the custodial parent. Per our divorce agreement, mum is claiming son as dependent. Again according to TurboTax help I should still be able to claim dependent care expenses, but it wont let me. TurboTax help says "Custodial Parent of Child - The custodial parent who doesn't claim a tax exemption for a child can claim the dependent care credit if that parent meets all the following conditions: 1. You are the custodial parent 2.The child was under the age of 13 3. The noncustodial parent is entitled to claim the child as a tax dependent".
Any help appreciated! Thanks!
Earnings have nothing to do with being a custodial parent. A custodial parent is the one with whom the child lives. Qualifying child. To be your qualifying child, a child must live with you for more than half the year and meet other requirements.
Only the custodial parent may claim child care expenses, even if the non-custodial parent claims the dependency exemption.