If my ex husband and I have in the agreement that he claims her every other year, can I still claim the EIC since she lives with me all year?

[SW20]

That way he only claims the $1000 credit for her, but not the EIC question that she lives with him (since she doesn’t)?

[Anonymous]

since you do not have a qualifying child,  (claiming her) to get EIC

you must be between 25 and 65

can't be claimed as a dependent by another taxpayer

your main home must be in the uS 

[LinaJ2020 · Accepted solution]

Yes, you can. 

As a custodial parent who lives with the child most of the year,  without claiming the dependent, you will be entitled to ​​​​​​claim Head of Household, Earned Income Credit and the Dependent Care Credit. 

As for your ex, the noncustodial parent will get the Credit for Other dependents and the Child Tax Credit.

In TurboTax online,

1. Sign back into the account, select Pick up where left off 
2. From the left pane, select My Info
3. On the screen Your Personal Summary, scroll down to Dependents section- find the name and select Edit.
4. Follow prompts 
5. On the screen, "Do you have an agreement with Your kid's other parent about who can claim him?", select Yes