Can I claim daycare from 2016? I paid half through FSOS to my ex per court order and she claimed the full amount. I feel I'm entitled to claim what I paid.

[melpegb]

I had temporary access order from courts and was required to pay $155 per month in daycare, separate from support, to my ex through FSOS.  She paid the full amount to the daycare and also received tax receipt.  She claimed the full amount.  I believe I should have been able to claim the portion I paid, even though I didn't get a receipt.  If I provide a copy of the court order and proof of payment to FSOS can I submit adjustment for 2016?

[TurboTax-Terry]

You can only claim Childcare Expenses paid for a child that was in your care and custody at the time the childcare expense were paid. Making childcare payments subject to an agreement or custody order for a child that does not live with you or was not under your care and control at the time of payment are not allowed.