I have two children. During first 7 mos of 2005 I was CP and I paid for daycare for both kids. During last five months, Dad was CP and paid for daycare. Custody Order states we each get to claim one child as dependent. But, we each have dependent care expenses (daycare) for both children. I'm afraid I can't claim my expenses for both kids because I can only claim one as a dependent, therefore I only have one qualifying child. I assume he can't claim both either. It looks like each of us are out the expense we paid for one child. At the time, I fully expected to win our custody battle and I took advantage of the Dependent care account at work. My W2 shows these deductions and my daycare shows that I paid it. Is it wrong to list both children on my form 2441? How can I get credit for the expenses I paid when I was the CP? Now that the IRS recognizes divorce decree's, it doesn't consider me the CP even though I had the children for more than half the year.

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