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Ex will claim child as dependent and I will be Head of House, as per divorce agreement. Ex says that he is *also* entitled to childcare deduction. Isn't that for the Hoh?

The divorce agreement says: "Wife should be entitled to be Head of the Household, while the Husband should claim the child dependency deductions, exemptions and credits".

My ex husband believes that because the agreement says he gets "dependency AND all dedcutions", this means that he should also get the childcare expenses. Anywhere else, I found that the Head of the Household (me) gets to claim the childcare expenses.

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DianeW
Expert Alumni

Ex will claim child as dependent and I will be Head of House, as per divorce agreement. Ex says that he is *also* entitled to childcare deduction. Isn't that for the Hoh?

You are correct.  The Child and Dependent Care credit is reserved for the custodial parent. See the information below under "Special rules for children of parents who are divorced, separated, or living apart".

https://ttlc.intuit.com/replies/4483662

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1 Reply
DianeW
Expert Alumni

Ex will claim child as dependent and I will be Head of House, as per divorce agreement. Ex says that he is *also* entitled to childcare deduction. Isn't that for the Hoh?

You are correct.  The Child and Dependent Care credit is reserved for the custodial parent. See the information below under "Special rules for children of parents who are divorced, separated, or living apart".

https://ttlc.intuit.com/replies/4483662

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