Unless you're paying a nanny under the table to take care of your kid, in which you CAN'T use those funds... do it. It's a good way to pay $5k of daycare without paying taxes on those dollars.

For mine, I have to submit invoices and get reimbursed as the money hits the account each paycheck. I usually wait until I have enough to cover 1 month before submitting. My company uses BASIC and it is super easy and fast. You have until I think March of the following year to submit receipts from the previous year to reimburse.

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Just remember unused funds will NOT roll over.. so if you are due late this year and won't hit $5k, don't contribute that much.