If i am a noncustodial parent and i pay court ordered child support, their mother claimed them so am i able to claim them as a noncustodial eic?

[Phillip1]

No.

The noncustodial parent cannot claim any tax benefits unless they have a signed form 8332 from the custodial parent. If they have a signed Form 8332, you can only claim the dependent exemption and the child tax credit.

See the following from IRS Publication 501:

Children of divorced or separated parents (or parents who live apart) . In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent . However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.

1. The parents:

1. Are divorced or legally separated under a decree of divorce or separate maintenance,

2. Are separated under a written separation agreement, or

3. Lived apart at all times during the last 6 months of the year, whether or not they are or were married.

2. The child received over half of his or her support for the year from the parents.

3. The child is in the custody of one or both parents for more than half of the year.

4. Either of the following statements is true.

1. The custodial parent signs a written declaration, discussed later, that he or she won't claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984 and before 2009, see Post-1984 and pre-2009 divorce decree or separation agreement , later. If the decree or agreement went into effect after 2008, see Post-2008 divorce decree or separation agreement , later.)

2. A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2016 states that the noncustodial parent can claim the child as a dependent, the decree or agreement wasn't changed after 1984 to say the noncustodial parent can't claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year.

3.  If statements (1) through (4) are all true, only the noncustodial parent can:

5. Claim the child as a dependent, and

6. Claim the child as a qualifying child for the child tax credit.

However, this doesn’t allow the noncustodial parent to claim head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, the earned income credit, or the health coverage tax credit. See Applying the tiebreaker rules to divorced or separated parents (or parents who live apart) , later.