Yes, you can qualify for the Child Care Credit if your spouse is looking for work. If you have an FSA, you can use these contributions towards your daycare expenses.
To qualify for this credit, you must meet all of these criteria:
- You (and your spouse, if filing jointly) must have earned income.
- The earned income requirement for one spouse is waived if they were a full-time student or disabled (if they lived with the other spouse for more than 6 months in 2023).
- You paid caregiving expenses so that you (and your spouse, if filing jointly) could work or look for work.
- The work/look-for work requirement for one spouse is waived if they were a full-time student or disabled (if they lived with the other spouse for more than 6 months in 2023).
- You paid a caregiver to care for a Qualifying Person. The caregiver can't be:
- Your spouse.
- Your dependent.
- Your child if they were under 19 on the last day of 2023, even if not your dependent.
- The parent of the Qualifying Person, if the Qualifying Person is your child under the age of 13 during 2023.
- Your filing status is not Married Filing Separately (except under certain circumstances).
- You can provide the care provider's name, address, and their SSN, ITIN, or EIN on your return (unless it's a tax-exempt organization).
Here's more detailed info on the Child Care Credit.
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