The non-custodial parent can claim the dependent after you have claimed the non-dependent EIC. Ex-spouse should follow these steps.
1. Click "My info" in left hand menu
2. Click "Edit" next to the dependent they wish to claim
3. Answer the initial questions and put in information
4. When they get to number of months lived with them, put in something less than 6 months
5. Continue answering questions until they get to "Do you have an agreement..." Click "Yes"
6. The next question asks if other parent is claiming the child, answer "No"
7. Continue answering questions and be sure at the end that the child does NOT qualify them for head of household.
If the ex-spouse has another dependent that qualifies them for head of household that is ok, just not your dependent.
Your ex-spouse will need a copy of the form 8332 that you have signed giving away the exemption. That form 8332 will need to be mailed in.
If your ex-spouse is filing their return electronically, they must file Form 8332 with Form 8453, U.S. Individual Income Tax Transmittal for an IRS e-file Return. Here is a link with form and instructions for the form 8453 that must accompany the 8332. It has the address to send the forms to as well.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
