If you are not married, your childs dad does not claim their biokid (your step then)as a dependent and they watch yours and you pay them to work you can take the credit?

[ddreher87]

The child is a stepchild half brother to mine. The dad and I are not married or together. However, I pay HIS child who is NOT a dependent of HIS to watch while I work. Would this qualify for the tax child and dependent tax credit?

[xmasbaby0]

This is too confusing.    Who is the child's parent?   Is the child who is babysitting for you being claimed as a dependent on YOUR tax return?   Are you married to the babysitter's father?   

It seems like you are using the word "step" child too loosely.   A child cannot be your step child unless you are---or were--- legally married to the child's bio-parent.

Try to explain again.

[ddreher87]

The child who I am paying so I can work is NOT my child. It is MY child’s dads child. He is not related to me. I am not claiming the child who is watching mine in my taxes. I am NOT married to the child’s dad who is watching my child. Also, the dad does not claim that child as a dependent. His bio mom does. 
it’s my step kid. My child’s half brother. I’m not married to the dad. We file separately. 

[xmasbaby0]

https://ttlc.intuit.com/community/credits-and-deductions/help/what-is-the-child-and-dependent-care-c...

https://ttlc.intuit.com/community/forms/help/do-i-need-to-file-irs-schedule-h/00/25742

[ddreher87]

That’s where I’m confused I guess. 

• You paid a caregiver to care for a Qualifying Person. The caregiver can't be:
  • Your spouse - he’s not. 
  • Your dependent - he’s not 
  • Your child if they were under 19 on the last day of 2021, even if not your dependent - he’s not my child 
  • The parent of the Qualifying Person, if the Qualifying Person is your child under the age of 13 during 2021 - I’m not his parent. I am not legally married to his dad. We don’t file taxes together. The child also is not claimed as a dependent by the dad. 
    
    So I assume it counts? The child comes stays here at the house during his dad visitation time. When his dad works and I work I need someone to watch ours child so pay him to do it. 

[xmasbaby0]

If you are married to the babysitter's father---he is "your" child too---he is your step child and is treated as if he is your child too.   Sorry---you cannot get the child care credit for the babysitting money you and your spouse---the child's father-- are paying him.   If you are filing a joint return it is as if the child's own father is paying his own child to be the childcare provider.   And if you are filing married filing separately, you cannot get the childcare credit.