Can I claim my daycare expense? I am a Canadian citizen have a USA born son. 50/50 custody. paid 50% of daycare.

[guriraji]

When parents are separated and share custody, they can each claim the part of the child care costs that they paid. You must enter your dependants on your own tax return, but take care not to claim any credits or deductions the other parent may be claiming or entitled to.

As long as you are not filing your tax return with another spouse/common-law partner on December 31st, you just enter the amount of Childcare Expenses you actually paid while the child was in your care. The higher/lower net income rule will not apply to you.

More information is found in this CRA publication (Sections 1:33 -1:36):  https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-fol...