Can you use the earned income tax credit if your ex spouse is claiming the kids as dependents?

[hkimball0409]

My ex husband gets to claim the kids, but they live with me and I pay all housing expenses for us. Can I use the earned income tax credit even with him claiming them as dependents? I only make 30k a year.

[bwa · Accepted solution]

In that situation you can claim EIC. 

You can claim EIC, Head of Household and the child and dependent care credit if you are the custodial parent even if you don't claim the child. The child must live with you for more than 1/2 of the year to be the custodial parent. In working through the dependent interview you need to carefully answer several questions:

• When asked if your child's other parent will claim him/her this year per legal agreement, answer yes (the other parent will claim the child).
• When asked if the child lives with you more than 1/2 of the year, answer yes.
• When asked if you have a custody agreement, divorce decree or other written agreement, answer yes (presumably, TurboTax treats Form 8332 as an "other written agreement."

In doing so, TurboTax will include the children on your return for EIC, Head of Household if applicable and dependent care credit only.

[RB18]

my dependent is turning 18 and my other child is claimed by her Father per divorce agreement, for taxes.  Both children have lived with me only, and i receive child support.  Was i allowed to claim them both every year i filed taxes, or just the one that is stated on my divorce papers?

[KrisD15]

Yes, both. The agreement (8332) does not transfer the Earned Income Credit.

IRS link.