KatrinaB48
Expert Alumni

After you file

If you are the custodial parent, then you are the only parent allowed to claim the earned income credit. You can release the dependency exemption to your ex, but he cannot claim the earned income credit. In this case, you have filed correctly if you listed your child as a nondependent on your return. There is a special IRS rule for divorced or separated parents or parents who live apart for the last 6 months of the calendar year. This special rule allows the child to be treated as the qualifying child of the noncustodial parent for purposes of the child tax credit/credit for other dependents, while the custodial parent may claim the dependent care credit and EITC, under the general rules.

 

If you accidentally claimed your child as a dependent, then you should file an amended return. However, you will still get the earned income credit if you are the custodial parent. You will need to wait until your return has been fully processed and you have received your refund (if applicable) to do so. Please view the amendment instructions in the TurboTax FAQ. 

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