Your WageWorks® Dependent Care Flexible Spending Account (DCFSA) can be used to pay for eligible dependent care expenses for your eligible dependents. It’s important to understand the definition of “eligible dependent” in the context of these accounts to make sure your claims are processed and you are reimbursed for your expenses quickly.
You can use your WageWorks account to pay for the eligible dependent expenses of a qualifying child or relative, as defined in Internal Revenue Code Section 152. Generally speaking, a qualifying child or relative is:
The term “qualifying child or relative” can be tricky. According to the IRS, a qualifying child or relative can be any of these people:
Additionally, if you provide more than 50% of this person's support for the calendar year, and they are not a qualifying child or relative of any other person, s/he is considered your eligible dependent.
Qualifying dependents must:
If you and your spouse or ex-spouse are both eligible to contribute to a Dependent Care FSA through your respective employers, you and your spouse may not each claim $5,000. You may not “double-dip,” which means that expenses reimbursed under your Dependent Care FSA may not be reimbursed under your spouse's Dependent Care FSA and vice versa.
Check with your legal or tax advisor to see if special rules apply to you that would enable your child to be claimed by the non-custodial parent or by both parents.
If two or more people want to claim the same child as their qualifying child, the person who has the right to is: