Do you have to have dependants to be able to claim childcare deductions?

[julieanneying]

My husband and I separated August, 2016.  He is the lower income earner.  Now that we've separated, we split childcare costs proportionate to our income (he pays 40%).  

Since our separation, I have the children 80% of the time.  He pays nothing aside from the childcare.  

We have no agreement in place but he has said I can declare the children as my dependents.  However, if he has no dependants (as per CRA), can he still make a childcare expense claim?

As he is the lower income earner, he should at least get to declare the childcare costs for Jan to August I think?  But then since then, I've paid for all of their costs (activities, sports, arts, etc) and aside from that portion of the childcare, all costs related to their upkeep, so I think I should get to declare them as dependants.

[TurboTaxJennifer · Accepted solution]

Yes, he can claim his portion of childcare expenses as long as he meets the regular requirements (such as not exceeding the maximum when you combine both of your amounts).

When he completes his return with TurboTax, he can simply enter the children as dependants and indicate No to the question "Lives with taxpayer?". This will allow him to claim childcare expenses but not change anything else related to the dependants such as the Canada Child Benefit, etc.