Child Care Credit

[rfk]

Can ex-spouse take CCC deduction if they did not pay for the expense but ex-spouse did?

This is a situation where ex-husband is claiming kid this year, but wife had paid for the expenses. I am presuming that the person paying for the expense and claiming the child has the right to do so only. Is this true or not?

Thank you.

rfk

[KJ Judd]

You can only take child care credit for your dependent. So if child is not wife's dependent, she cannot take the credit.

[AJsTax]

Wrong Advise

There is an execption to the rule for divorced parents, If the CUSTODIAL parent gave up the right to the other parent and the parents together supported the child, and the custodial parent paid for care so she could work, along with a couple other rules. Then she can claim the child as qualifying for the credit even tho the father has the depedency deduction for the year.