I need to file form 8322 as court order

[Seecandan-aol-com]

I have court order that my ex husband can claim dependency only of my daughter does this mean I claim her for eic

[MichaelDC]

Yes. For divorced or separated parents, dependency and residency can be two separate issues.

It is not uncommon for you, the custodial parent (the one the child spends more than half the year with), to claim Head of Household and potential credits (EIC, Child Care) while the non-custodial parent claims the dependency exemption.