I have a friend whom I did taxes for, she has Abby full time (12 months) in her home and I had claim the EIC in her taxes. The problem now I having is her ex-hushand is trying to claim Abby as an Dependent which he is allow to as court ordered, but he trying to also use EIC. I told him it's illegal for him to try and use the credit as Abby doesn't live with him. I found alot of information everywhere saying it is illegal for him to use EIC as it's tax fraud. Am I correct?
So she also has another child which she claim on her taxes as Dependent which we have no problems with. I have Abby listed as EIC only because she lives with her mom full time. I understand no state court order can over ride EIC.
