EIC

[Teeter22]

My boyfriend and I doesn’t live together but we split the Childrens time with us 50/50. Can i claim 2 of them as dependents  AND 1 eic while he claims 1 as a dependent and  2 with eic?  How does that work?  I answered the questions in the tax return but it’s rejecting my return. With me claiming two of the kids as dependents but all 3 are on my eic. For him it’s one child as dependent and  all three on eic. 

[ColeenD3 · Accepted solution]

The parent the child lives with, the custodial parent, can claim Head of Household, Earned Income Credit and Child Care Credit. If they choose to, they can release the exemption to the other parent. If that happens, the non-custodial parent can take the dependency and the Child Tax Credit.

[Carl]

Just a head's up.

Coleen's response assumes that both of you are "in fact" the biological parent's of both children. If one of you is not the biological parent then the non-parent has absolutely no claim to the children unless they lived in their household every single night of the year.