JOD says alternate child care expenses credit each year on tax return.

Asked over 1 year ago - Cherry Hill, NJ

I've gotten opinions that say the decree rules even for child care expenses credit.

But now I've read that:

Whoever the decree specifies will get:

1. Dependency Exemption
2. Child Tax Credit

IRS Rules control for the following:

1. Head of Household
2. Dependent Care Expenses
3. Earned Income Credit calculated using child

The bottom three can only be taken by the parent that had the child a greater number of days, or the highest AGI in the case of equal days. The top two MUST be given to the parent specified in the court order until changed, otherwise you risk being in contempt. But Congress does not grant the power to transfer the bottom three items and the IRS custodial parent rules must be followed.

Is this true or can the non custodial parent get the child care credit

Attorney answers (1)

  1. Bruce Givner

    Contributor Level 19


    Lawyers agree

    Answered . Google IRS Tax Topic 602 - Child and Dependent Care Credit. No, the noncustodial parent cannot get the child care credit.

Related Topics

Divorce decree

A divorce decree is the order a judge will issue that finalizes a divorce after proceedings have ended.


Credit is an agreement between a borrower and a lender which allows the borrower access to money without having to pay it back immediately.

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