My former spouse claimed my dependent child for her EIC on her return. Can I still claim my dependent but not EIC

[bobshm]

She already received and spent her tax refund

[Texas Roger · Accepted solution]

As long as she indicated that she was releasing the dependency exemption to you when she entered the child on her tax return, you should be able to claim the child as the non custodial parent and get the dependency exemption. She is required to furnish you a signed form 8332. 

When you enter the child, make sure you indicate the child lived with you 5 months or less and then answer the rest of the interview questions.