Dependants

Forum|Forum|6 years ago
March 11, 2020
6 replies
29 views

The mother of my child is stating I cannot receive EIC for my child even though court decree says I can claim every other year. She says I can only claim as dependant. Any advice as I have already claimed and received my tax refund.

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DoninGA

Level 15

See IRS Publication 501 Dependents, Standard Deduction, and Filing Information page 13 - https://www.irs.gov/pub/irs-pdf/p501.pdf#page=13

Children of divorced or separated parents (or parents who live apart).

If statements (1) through (4) are all true, only the noncustodial parent can:
• Claim the child as a dependent, and
• Claim the child as a qualifying child for the child tax credit or the credit for other dependents.
However, this doesn’t allow the noncustodial parent to claim head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, the earned income credit, or the health coverage tax credit

xmasbaby0

Level 15

Which one of you is the custodial parent? Who does the child live with? Or who did the child spend at least 183 nights with? As far as the IRS is concerned that is the custodial parent.

If there is a signed Form 8332, the custodial parent can file as Head of Household and get the earned income credit. The non-custodial parent can get the child tax credit----NOT earned income credit.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

austinleeknobsAuthor

Level 2

Mother is custodial parent but we have 50-50 arrangement. Twice a week and e/o weekend. I pay child support and medical and judge ordered e/o year I can claim daughter. This is the year. I got refund already

KatrinaB48

Level 15

The IRS will reward the earned income credit to the parent that has the child for the largest number of nights during the year. You will still get the credit for claiming the child and the child tax credit. You could file an amended return and remove the earned income credit to correct the issue. Please view this TurboTax FAQ and follow the directions to file an amended return.

Note: You need to file this type of return. It is not eligible for e-file.

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