Stupid question regarding FSA and dependent claiming

[momof2ms]

So I set up my FSA this past fall for DS's daycare expenses. I just submitted the first monthly payment receipt to the FSA company 2 days ago. 

This AM, XH calls and tells me that he wants to claim DS this year on his taxes. Not do FSA, just claim him as the dependent. I would get DD this year instead. 


Do I need to cancel the FSA with DS for this? Or is it allowed to claim one kid on your taxes even if the FSA os for the other?


Can I switch it to DD still??

[Deleted]

momof2ms, What does your agreement say about who claims which kid and how?

Is he going to pay for the daycare? Is that cost offset to you by child support?

[fallriverjenn]

I read up on this recently. The parent who has DS at least 50.0001 percent of the time for 2018, is the only one who can use the FSA for dependant care. Even in 50/50 splits, there is one parent who one extra day of the 365. It is not related to the taxes. Google about this to read more.

[nextbigthing]

Jan 11, 2018 9:34:11 GMT -5 momof2ms said:

So I set up my FSA this past fall for DS's daycare expenses. I just submitted the first monthly payment receipt to the FSA company 2 days ago. 

This AM, XH calls and tells me that he wants to claim DS this year on his taxes. Not do FSA, just claim him as the dependent. I would get DD this year instead. 


Do I need to cancel the FSA with DS for this? Or is it allowed to claim one kid on your taxes even if the FSA os for the other?


Can I switch it to DD still??

yeah no.

What does your decree say?  XH can't just say "oh, I want to claim him this year"