claiming childcare expense portion of child support

What is the name of your state? IN

my husband is starting to pay child support. part of this support is earmarked for work related child care expenses. can he claim this child care expense on our taxes even though the mom gets to claim the child this year?

or can he only claim this expense the years he gets to claim the child (which is every other year)?

The custodial parent (CP) is the one who can claim the child care credit, and only if they can also claim the child as a dependent; or the only reason they can't is because they signed form 8332 allowing the noncustodial parent (NP) the exemption.

The NP cannot claim the credit, even if they're the one paying for child care.

Does the child live with the mom or you and your husband?

Since he's paying support, I assume the child lives with the mother. Only the mother can claim the child care credit, regardless of who claims the dependency exemption/child tax credit.