•a dependent of the taxpayer who has not attained age 13;

• a dependent of the taxpayer who is physically or mentally incapable of caring for himself or herself (i.e. a dependent child 13 years and older or other dependent adult) and lives with the tax payer for more than ½ the year;

• a spouse* of the taxpayer if the spouse (same or opposite sex) is physically or mentally incapable of caring for himself or herself and has the same principal place of abode as the taxpayer for more than half of the year.  All qualifying individuals must have the same principal place of abode as the employee for more than half the year. Please contact FlexBank to discuss your specific situation. My spouse* and I are divorced and my spouse* is the custodial parent of our children. May I be reimbursed for dependent care expenses incurred while they live with me and I am at work? (A) Only the custodial parent (the parent having custody for the greater portion of the calendar year – regardless of which parent claims the child as a tax dependent) may be reimbursed tax free for dependent care expenses.  When the time with each parent is the same, the parent with the higher adjusted gross income is treated as the custodial parent.

Category: FSAs & Work Related Dependent Care Q&A