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I am getting divorced. We have 50/50 custody. Does the

I am getting divorced...

I am getting divorced. We have 50/50 custody. Does the childcare have to be claimed by the same parent that gets to claim the child as dependant? Or can 1 parent claim the childcare and the other claim the child as dependant?

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

There are no current court orders regarding this. So no

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Answered in 3 minutes by:
3/27/2018
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,738
Experience: Taxes, Immigration, Labor Relations
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The childcare credit is claimed ONLY by the custodial parent - regardless who is entitled to claim the child as a dependent.

.

If a child is treated as the qualifying child of the noncustodial parent under the rules for children of divorced or separated pa-rents (or parents who live apart) described earlier, only the noncustodial parent can claim an exemption and the child tax credit for the child.

However, the custodial parent, if eligible, or other eligible person can claim the child as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit.

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Customer reply replied 30 days ago
the 2 deductions/credits must stay together regardless of who claims the child each year?

Yes - these tax benefits will be eligible for the custodial parent only.

The custodial parent is the parent with whom the child lived for the greater number of nights during the year.

The other parent is the noncustodial parent.
If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year.

If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.

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Customer reply replied 30 days ago
Ok, thank you!

I appreciate if you take a moment to rate the answer.

Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all Social Security / Tax related issues.
Lev
Lev, Tax Advisor
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Satisfied Customers: 32,738
Experience: Taxes, Immigration, Labor Relations
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