I know it has to do with both parents not being able to claim the child on their taxes, but I'm not trying too. I click the options that specifically say that I am not claiming him and that his mother is. But since he is my son, and does live with me for a substantial part of the year, I have him listed on my taxes. But I'm not claiming him for the child tax credit, he's just listed as living with me. But the IRS kicks it back like I'm trying to claim him every single time, and apparently it's too late for me to start over. All I can get out of turbotax is, well guess you'll just have to mail it in...
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Don't mail in a wrong return. EIC requires a dependent living with the parent. Only one parent can claim a child as living with them. Whoever the parents agreed on or the one where he actually lived the majority of the time. If the child is being claimed on the other tax return as a dependent, you are not qualified to use the same child for EIC.
See:
Earned Income Tax Credit (EITC)
What's changed with family tax credits this year? - TurboTax Community - Tax Expert Tutorial
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