Tax Return Rejected For Child Care Expenses and Earned Income Credit EIC

By | February 26, 2014

Childcare Costs with Divorced Parents

Only the custodial parent gets to claim childcare costs. Like someone mentioned there’s only parent parent that claim the child since there’s an odd number of days so one of you have to decide who’s the custodial parent for that particular child.


Tax Return Rejected For Child Care Expenses and Earned Income Credit EIC

Whoever is the non-custodial parent should only be able to get the exemption and the child tax credit. All other tax benefits go towards the custodial parent. EIC and child dependent care credit go to the custodial parent.

The parent who the child was with longer in the year gets to claim the child for Child Care Credit and EITC. No one ever has a child half the year because there are 365 days in a year. You can either keep trying or find out exactly what she claimed because many people will do this wrong and end up screwing over the other parent.

IRS Publication 503 has more information on the matter:


Child of divorced or separated parents or parents living apart.

Even if you cannot claim your child as a dependent, he or she is treated as your qualifying person if:

*The child was under age 13 or was not physically or mentally able to care for himself or herself,

*The child received over half of his or her support during the calendar year from one or both parents who are divorced or legally separated under a decree of divorce or separate maintenance, are separated under a written separation agreement, or lived apart at all times during the last 6 months of the calendar year,

*The child was in the custody of one or both parents for more than half the year, and

*You were the child’s custodial parent.


Custodial Parent Claiming Child Credit on Taxes

The custodial parent is the parent with whom the child lived for the greater number of nights in 2013. If the child was with each parent for an equal number of nights, the custodial parent is the parent with the higher adjusted gross income. For details and an exception for a parent who works at night, see Publication 501.

The noncustodial parent cannot treat the child as a qualifying person even if that parent is entitled to claim the child as a dependent under the special rules for a child of divorced or separated parents.