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Married for 96% of 2016 - Can I Claim Dependent Care Deduction if Wife Has Residential Custody?

My divorce was finalized December 14, 2016 and my ex-wife has residential custody. Considering I was married for 96% of the year, and lived with and cared for my children in our/their home for 8 months and had them for another month under my direct care, why am I unable to receive any dependent care deductions?
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MichaelDC
New Member

Married for 96% of 2016 - Can I Claim Dependent Care Deduction if Wife Has Residential Custody?

If your former spouse has claim for exemption due to a divorce decree or other agreement, you won't be able to take the Child Care Credit. You will be able to take it, if you are also claiming the child.

Ordinarily, when the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. 

For the situation this year, this "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for all tax benefits of that child. 



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1 Reply
MichaelDC
New Member

Married for 96% of 2016 - Can I Claim Dependent Care Deduction if Wife Has Residential Custody?

If your former spouse has claim for exemption due to a divorce decree or other agreement, you won't be able to take the Child Care Credit. You will be able to take it, if you are also claiming the child.

Ordinarily, when the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. 

For the situation this year, this "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for all tax benefits of that child. 



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