Myself and my ex husband are paying to send my daughter to day care. We both pay for half of the care. He claims her on his taxes because I claim our son on my taxes. Can I claim my portion of my daughter's day care on my taxes?

ANSWER

The BIDaWIZ Team's Answer:

Who has custody of the child? Generally, the parent can claim daycare expenses if they are considered the custodial parent. If the children (or one of the children) lived with you for more than half of the year, then you can claim all of the child care expenses of the children (or child) that lived with you for more than half of the year. If the children was in the custody of your spouse for more than half of the year, then they are the only ones entitled to claim the child and dependent care credit.