Can I claim someone on the Earned Income Credit but not as a dependant

[cletejennifer]

If I can but have already filed my taxes can I amend my taxes?

[Hal_Al]

Generally no. but there is one* big exception.

 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.

You will have to amend* your return to do so. You'll need to wait until your previous return has been processed (you get your refund) before doing so. Be sure the other parent knows that he can not claim the Earned Income Credit, Head of Household filing status or the day care credit, so there will be no conflict.

Ref: http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897

*How to amend https://ttlc.intuit.com/questions/1894381-how-to-amend-change-or-correct-a-return-you-already-filed

https://ttlc.intuit.com/questions/1908543-do-i-need-to-amend-my-tax-return

*There is a 2nd, lesser known & used exception. If your child meets all the qualifying child rules, except that he provided more than half his own support, you may claim him for EIC, even though he not a dependent.

[kimf1980]

I used to do this every other year but we had 50/50 custody but I was the one whos address was used for school and doctor visits her medical card etc. Now the situation is reversed and I am the non custodial parent but I still have my child 50/50 but her father makes too much for EIC but apparently I cant claim it for EIC only

[Hal_Al]

 The IRS goes by physical custody, not legal custody.
It is allowed  for you to arrange the children's schedules so that the child spends more than half the year with the father one year and more than half with the mother  the next year so that you are each the custodial parent in the year you claim the child, so that you can claim full benefits.

In order to claim EIC, you only need one thing: for the other parent to agree to "let you be the custodial parent" for 2018. That means he cannot claim the EIC, dependent care credit or Head of Household, based on that child.

[Jflynn1984]

So with the exception that was at the bottom with the child who makes more than half of their own income..... how would that child fill out their taxes as far as the EIC goes? Do they just fill out their taxes like they normally would have? Because it doesn’t ask if anyone claims you for EIC, it just asks if you can be claimed as a dependent on someone else’s taxes.