No, this form is for the EIC (Earned Income Credit) that the noncustodial parent can file for even though they are the noncustodial parent. Provided that they provide more than 50% of the financial support to the "child", they do qualify (and of course their income level must be below the phase out limit which is the following:
You qualify if:
- You have income from earnings (for example, from a job, your own business, union strike benefits, certain long-term disability benefits).
- You did not receive more than $3,650 in interest or dividends, or income from rentals, royalties or stock and other asset sales during 2020.
- You are single or, if married, do not use the Married Filing Separate status.
- You, your spouse and children, if applicable, all have Social Security numbers.
- You and your spouse are not considered as a qualifying child of someone else.
- You are not excluding any income you earned in a foreign country on your return.
- You are a citizen or resident of the United States.
- You have dependents, OR
- You do not have a qualifying child, but you and your spouse are between 25 and 65, not the dependents of anyone else, and you have lived in the United States for more than half of the year.
Therefore, you may be able to get the EIC if you don't have a qualifying child but meet the income requirements for your filing status. No one can claim you as a dependent or qualifying child on his or her tax return. You must be at least 25 but under 65 at the end of the year.
