Can a non-custodial parent claim EIC...

[alghawkins]

Can a non-custodial parent claim our son for EIC when he's only had him 2 months out of the year? I am primary caretaker. He's allowed to claim him as a dependent, but I've been claiming EIC and apparently he has too, stating 12 months., which is false.

[KrisD]

No.

Only the custodial parent can claim the Earned Income Tax Credit, the Child and Dependent Care Credit, as well as possibly claiming Head of Household filing status.

"If the custodial parent releases a claim to exemption for a child, the noncustodial parent may claim the child as a dependent and as a qualifying child for the child tax credit. However, generally, the noncustodial parent may not claim head of household filing status or the earned income credit, and the noncustodial parent may not claim the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the health coverage tax credit."

CLICK HERE for IRS rules about children's exemptions