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In the case of divorced parents, which one is entitled to use a dependent care plan?

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In the case of divorced parents, which one is entitled to use a dependent care plan?

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A special rule allows the parent with custody to use this exemption, even though the non-custodial parent may be entitled to the dependency exemption. The non-custodial parent may not treat the child as a qualifying individual even if he or she is financially responsible for providing the care. This is because the child does not live with that parent and the care does not enable that parent to work. Further information is contained in IRS Publication 503.

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