If my spouse and I filed married but separate and my spouse claims him as a dependent, can I claim get the child and dependent care credit?

[DanielV01 · Accepted solution]

It depends.  If you live apart and are the Custodial Parent, then only you can claim this credit, if you qualify to claim Head of Household (the credit is disallowed if you are Married Filing Separately).  If you are the Custodial Parent, you will allow your spouse to claim the credit by providing him Form 8332.  By providing this Form, you may also be entitled to claim:

• Head of Household (you need to have lived apart the last 6 months of the year, and provide at least half of the household support)
• Earned Income Credit (you must be able to claim Head of Household; EIC is disallowed for Married Filing Separately)

However, if you did live together, you cannot claim any benefit for your child if your spouse is claiming him.  And neither of you can claim this benefit filing Married Filing Separate.  Here is an FAQ with more information:  https://ttlc.intuit.com/replies/3301418