Q.I am only allowed the dependent exemption and child tax credit. The ex will get the HOH, EIC and daycare credits?
A. Yes
Q. If the ex's AGI is too high to qualify for EIC then will I be able to get the EIC?
A. No. Only the custodial parent can claim EIC. For tax purposes, there is no such thing as joint custody, regardless of what your legal agreement says. The requirement, to be custodial parent, is that the child live with you MORE than 50% of the time. One of you has to be the custodial parent and the other the non-custodial parent. Saying you had them equal time may pass muster for 2013 (probably not) , but will not in the future.
