Per my divorce agreement I can claim the child tax credit but not the EIC. I'm trying to file but it automatically includes the EIC, I cant figure out how to remove it.

Forum|Forum|3 years ago
February 14, 2023
3 replies
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Mike9241

Level 15

stupid divorce agreement. The tax laws say only the custodial parent can take the EIC.

https://www.irs.gov/faqs/earned-income-tax-credit

it's the tax rules that control because this is a tax matter.

as a matter of fact, if the noncustodial parent claims it they can face some serious tax issues.

this does not prevent the noncustodial parent from claiming the child as a dependent if they otherwise qualify by to do so the custodial parent must furnish the NC parent with form 8332

Mike9241

Critter-3

Level 15

If you are the non custodial parent then when you enter the child in the dependent section you will indicate that the child did not live with you for more than 1/2 the year but that you are claiming the child because of the form 8332 that the custodial parent should have given you.

Also check the actual form 1040 sch EIC ... you could have an EIC for yourself based on your income and not actually based on the child.