Can I deduct child care for my son that I am not claiming as a dependent on my 2020 taxes? His mother is claiming him as a dependent for 2020.

[HelenC12 · Accepted solution]

Yes, you may be able to claim the Child and Dependent Care credit even if you are not claiming the child as a dependent this year.

The child is treated as your qualifying person if:

• The child either:
  • Was 12 or under or wasn't physically or mentally able to care for himself or herself
  • Received over half their support during 2020 from one or both parents, who are divorced under a decree of divorce, legally separated under a decree of separate maintenance or written separation agreement, or lived apart from July 1 through December 31 of 2020
• You were the child's custodial parent. The custodial parent is the parent with whom the child lived for the greater number of nights in 2020. If the child was with each parent for an equal number of nights, generally the custodial parent is the parent with the higher adjusted gross income. The noncustodial parent can't treat the child as a qualifying person (and therefore, cannot claim this credit) even if that parent is entitled to claim the child as a dependent under the special rules for a child of divorced or separated parents.