Can I claim a dependant but not the EIC

[bobbyv3211]

If my ex claimed our son as non-dependant but used him for EIC, can I claim him for just dependant?

[Phillip1]

Yes. If your ex-spouse claimed the EIC but did not claim the child as a dependent, you can claim the dependency exemption and the child tax credit.

However, there are rules that must be followed for the noncustodial parent to be allowed an exemption. Those rules are as follows:

1. The noncustodial parent can only claim the dependency exemption if the custodial parent signs form 8332 or a statement with similar language to gain permission for claiming the exemption.

2. The noncustodial parent must attach the signed statement to their tax return

The  child tax benefits are supposed to divided between two spouses as follows:

• The custodial parent (who is not claiming the dependent) can claim these child tax benefits because the child lived with them for more than 6 months out of the year:

• Earned income credit

• Child and Dependent Care Credit

• Head of Household status (if they qualify)

• The noncustodial parent (who is claiming the dependent) can claim these benefits.

• Dependency Exemption

• Child Tax Credit

[rustis4]

can the custodial claiming child for EIC only and not dependent file electronically on TT or is this to be done by paper filing only

[TaxGuyBill]

@rustis4   Yes, the tax return can be e-filed.  However, make sure that you give the non-custodial parent Form 8332 and when the non-custodial parent files a tax return, they need to indicate that a custody agreement allows him to claim the child (via Form 8332), otherwise it may cause problems.