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If all of you live together as a family, the child's SSN cannot be used on more than one tax return. You cannot "share" the child-related credits. Your GF can claim the daycare and perhaps share part of the refund with you. If she has already filed and claimed the child, any attempt you make to file with the child's SSN on your return will be rejected. Only divorced or never married couples who share custody and who live apart can say on their returns that they have a signed agreement and split the child related credits. Even then, only the "custodial" parent can get the childcare credit..and the "non-custodial" parent can only get the child tax credit.
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