What do you mean by "not my year"?
The EIC is not a credit that can ever "be traded". Only a child's exemption (dependent) and child tax credit can go to the parent that did not physically live with the child for more than 1/2 the year (more than 183 nights).
The EIC and Child Care Credits can *only* be claimed by the parent that physically lived with the child more than 183 nights of the tax year. That is Federal tax law and cannot be changed by any local court order.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
