Can divorced parents both have dependent care FSA?
Andrew Ramirez
Published Apr 06, 2026
Where parents are divorced, separated, or living apart, only the custodial parent is permitted to utilize the dependent care FSA for the child’s day care expenses. The “custodial parent” is defined as the parent with whom the child resides for the greater number of nights during the calendar year.
Can dependent Care FSA be Cancelled?
If there is a change in your home child care provider because a relative or friend has agreed to watch the child for free, you may decrease or cancel your Dependent Care FSA enrollment.
Can I cancel my FSA?
Flexible spending accounts involve a contractual agreement between you and the provider, and are subject to rules and regulations set by the IRS. Under normal circumstances, you cannot cancel an FSA within the calendar year in which it was started except during the annual open enrollment period.
Is child and dependent care credit refundable?
Generally, no. While you can claim the credit to offset your tax liability, the credit is refundable only if you have your main home in one of the 50 states or the District of Columbia for more than half of the tax year.
Can I use both FSA and child care credit?
You are not permitted to claim the same expenses on both your federal income taxes and Dependent Care FSA (DCFSA), although in certain situations you may be able to take advantage of both the DCFSA and the Child and Dependent Care Tax Credit.
The amount you contribute to your take care by WageWorks Dependent Care FSA cannot be changed during the year unless you experience a change in status or a change in the cost or coverage of services.
When to apply for Dependent Care FSA for divorced parents?
The child received over half of his or her support during the calendar year from one or both parents who are divorced or legally separated under a decree of divorce or separate maintenance, are separated under a written separation agreement, or lived apart at all times during the last 6 months of the calendar year;
Can a noncustodial parent claim daycare expenses?
The custodial parent can have eligible daycare expenses for the period the child resides with the custodial parent (even if the noncustodial parent can claim the child as a tax dependent).
What’s the maximum contribution to a Dependent Care FSA?
However as a result of Health Care Reform beginning January 1, 2013 the maximum contribution amount for the health care FSA will be $2,500. For dependent care FSAs, the annual maximum you can contribute is $5,000, including any amount set aside by a spouse into their dependent care FSA.
Can You claim dependent care tax credit under FSA plan?
A You cannot claim a dependent care tax credit for amounts received under an employer’s FSA plan. You may wish to consult with a tax advisor to determine whether the FSA plan or the dependent care tax credit is more beneficial in your individual case.