Custody and FSA


#1

if my ex has the sole custody, am I eligible to use my FSA to pay child care ? How about the joint custody case ? Thanks !


#2

You cannot use your FSA to pay for childcare if you are not the custodial parent.

You may be able to use your FSA to pay for childcare if you have a joint physical custody arrangement but it may depend on whether or not you have the higher income (compared to the other parent).