Can I claim childcare if I don't file Head of Household

[Camtorgeson]

My girlfriend and I have two children together. She, and our children, also live with me. She claimed both children on her tax return. I'm attempting to claim the childcare expenses I paid last year; however, it keeps flagging my tax return for claiming them as "Nondependent". Is there any way for me to claim the childcare?

[xmasbaby0 · Accepted solution]

If all of you live together with your children, the children can only be claimed on one tax return.   One of you could file as Head of Household and claim the children and the child-related credits and the other parent files Single and enters nothing about the children.   That "sharing" of child related credits you may have heard about is only done between divorced or never married parents who live apart and share custody.   

[Camtorgeson]

She's already claimed hers. Does that mean, now, Neither of us can claim the $8000 in childcare?

[xmasbaby0]

@Camtorgeson And...if your GF did not put the childcare credit on her own tax return, she can amend it later to add the childcare expense to her return.  You are a family so we assume you all share when the tax refund comes in, right?

[Camtorgeson]

Yes, she gives me a portion of her return when it comes in. I just wanted to make sure the childcare could be claimed, as it was a large portion of my expenses last year.

[xmasbaby0]

When your GF's return has ben fully processed she can amend to include the childcare expenses.