My ex makes well over the income limit to qualify for the EITC but is claiming our child on his tax return. Am I able to claim the EITC since I meet the requirements?

[Bsch4477]

If the child lived with you the most nights you can claim the child. But if you gave the other parent permission to claim the child only you can still get the EIC, child care credit and file as head of household if otherwise qualified. 

[SharonD007]

It depends. Your child does not have to be your dependent to claim EITC but only one person can claim the same child for the head of household filing status and EITC. If you are the custodial parent (parent who has physical custody of the child for the greater portion of the year) you can claim the EITC under general rules. Fore more information, please see FAQs for Earned Income Tax Credit.

Fore more information, please review the TurboTax articles What is a qualifying child for the Earned Income Credit (EIC) in 2023? and What is the Earned Income Credit? Find Out If You Qualify.