Because we are considered unmarried, I am excluded from my husband's 2017 tax return. He claims 2 kids. I am filing my own for the expenses I used in 2017.

[bine22]

what is your question?

[Anita01 · Accepted solution]

If you are not filing a joint return, meaning you are filing married separate, you will not be able to claim child care expenses.  

If you are filing as Head of Household, you would have to claim the children as nondependents-Earned Income credit and Child Care only.  That means the children had to have lived with you for more than 6 months of the year and that you paid more than half the cost of maintaining the household for the entire year.  You would have to then give the other parent an 8332 form to allow him to claim the children and he could only receive the child dependent exemption and the child tax credit, but not an Earned income credit or child care credit.  

This kind of situation can get complicated, so if you can provide more information about your situation, we might be better able to help you.