Maybe. Per the IRS: "The noncustodial parent may not claim a child as a qualifying child for the earned income credit based solely on the custodial parent's release of a claim to exemption for the child as their dependent.
- The custodial parent may still be able to claim the child as a qualifying child for the earned income credit if the residency test and all the other requirements are met."
To qualify for the EITC, a qualifying child must:
Publication 501- Page 12
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