Day Care Expenses

If you truely have joint custody in that the child is with each parent 50% of the time, and you share the childcare expenses 50/50, then most parent switch off years with claiming tax credit on child care AND as a dependent. I don’t know if you can split the childcare costs. That would be an accountant question.

Now…in my case. We have ‘joint custody’ but I am the custodial parent, meaning the kids stay with me 75% of the time. Ex has every other weekend, plus Wednesdays, 2 weeks in the summer and shared holidays. In THIS case, I am assumed to be the one to claim the kids as dependents and have claimed child care expenses in the past. You can do whatever you want in sharing that tax advantage, but legally, if you are the CUSTODIAL parent, you have right to the dependent claim.

I am not a tax specialist and I would advise you to consult with an accountant or tax attorney before filing your taxes. Only the parent who had claimed the child as a dependent on their taxes can take any deductions related to the minor child.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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If parents have joint custody of the child and both are paying day care cost for when the child is with the parent, do both parents get to claim that on taxes, just the day care cost, or does the person who has the child the one more day only get to clain the day care expenses on taxes?