This is a tax question related to the 2013 Dependent Care Flexible Spending Account and claiming the child as a dependent.
I share joint custody with my ex-wife, but she will be claiming our son as a dependent for 2013 taxes. I am considering a Flexible Spending Account for Dependent Care (daycare) and want to know if I can do this next year since she will be claiming our son as dependent on her taxes.
Will my ex-wife’s child tax credit interfere with my use of a Dependent Care Flexible Spending Account?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.
You should be able to do a Dependent Care Flexible Spending Account next year even though your ex-wife will be claiming your son on her taxes since both of your now have separate income and will be filing separate income tax returns.
You may not be able to have a Dependent Care Account and claim a child tax credit at the same time, but since your ex-wife is the one claiming the credit and not yourself that should not preclude you from having the spending account.
Like I stated, I do not believe you can have a Dependent Care Flexible Spending Account and claim a child for the same tax year. Therefore, your ex-wife may not be able to utilize this account unless she does not plan on claiming a child tax credit for that year.
Although you are sharing custody, you are not sharing income and expenses. The use of the spending account doesn’t depend on who has the custody of the child as long as the account is used for the allowed purpose.
With this being said I would suggest you consult with an accountant to verify that your ex-wife’s child tax credit will not interfere with your use of a Dependent Care Flexible Spending Account.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.