MFS and both spouses contributed $2500 to an FSA. My wife claims the child as a dependent and I claim him as non dependent for expenses only. My wifes return was rejected because I already show his SS on 2241 part II. If I had turbo tax skip part II or delete 2241 it would add in my $2500 as excess contribution (income on line 7 of 1040). Is my only option to amend my return, overide/delete his info in Part II of 2241 and resubmit? Can I have dependent care expenses and not have someone listed in Part II of 2241?
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You can't split the benefits for a child unless you qualify for the Divorced or Separated Parents Rule. In this case, the custodial parent claims the child care, Head of Household filing status and EIC. The non-custodial parent, if given a Form 8332, can claim dependency and the Child Tax Credit.
Children of Divorced or Separated Parents (or Parents Who Live Apart)
In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if the rule for children of divorced or separated parents (or parents who live apart)(discussed next) applies.
Children of divorced or separated parents (or parents who live apart). A child will be treated as the qualifying child of his or her noncustodial parent if all four of the following statements are true.
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