Hal_Al
Level 15

Get your taxes done using TurboTax

If the child lives with you, he can never claim EIC. You've been doing it right. You just need to point out to him, that his every other year agreement does not include EIC (or Head of Household or day care credit). That's the IRS rules. You can not make an agreement to let him claim EIC. That's not allowed . He cannot take away your EIC