Can i use my sons daycare tax statement even though i cant claim him as a dependant as he lived w his mom for 7mos?

[grizzlybear702]

my son lived with me all of 2022 and 5months into 2023. during this time i paid for daycare and have received tax statement from the daycare. i cant claim him as a dependant for 2023 as he lived with his mother for majority of the year and we have a verbal agreement. am i able to get credit for the daycare i paid into for the 5mos he was with me or not?

[rjs]

Only the custodial parent can claim the child care credit. Your son's mother is the custodial parent, because he lived with her more than with you.

But she can't claim the credit because she didn't pay for the daycare. Since you're making unwritten agreements, why not make a deal to give the money for daycare to his mother and let her pay for the daycare? Maybe she will then agree to give you some (or all) of the money that she saves on her taxes.

[xmasbaby0]

Sorry-no.  Only the custodial parent can get the childcare credit.   The custodial parent is the one with whom the child lived for the most nights--at least 183 nights -- in 2023.  The non-custodial parent can get the child tax credit IF there is a signed agreement 8332.  The custodial parent gets earned income credit, the childcare credit and Head of Household filing status.