TheGeekess
Keeper of the Kraken
You have to have either the EIN or the SSN of the person watching the child to claim the child care credit. That's so the IRS can make sure that the person supplying the care is declaring the monies paid on their income tax. It says so on the form.If your court order says you must let him claim the child as a dependent in even years, then you must do so. That still won't allow him to claim the child care credit or any other credit, but he can claim the child as a dependent and you are supposed to sign form 8332 for those years.
I think whether your babysitter is paying her taxes correctly is between her and the IRS and has nothing to do with whether you claim child care credits for what you are paying her.