My husband and I are both US citizen. I live overseas but he lives and works in the USA. We received child income credit. Is that legal since I'm overseas?For 18yrs now.

[browniecheesecake2015]

All children under 18. All were in school overseas. All lived with wife full time overseas. Married filing jointly. 

[bine22 · Accepted solution]

Assuming you file jointly and you mean the child tax credit, that would be fine. You would not be eligible for the earned income credit for the children.

[browniecheesecake2015]

I've read before 2013 as long as one parent is raising the children even overseas the earned income credit is still applied.

[browniecheesecake2015]

Let me add to that statement. It says under special circumstances like attending school. Then we're allowed to file earned income credit for the child. My children go to school overseas. I'm still unclear on that though. Is attending a school overseas a special circumstance?

[TaxGuyBill]

A child with a "Temporary Absence" would qualify.  That means the child is temporarily away from the US and/or parent because of the special circumstance.  For example, a child moves away to go to college.

The children are living with you means they are not absent from living with you.  Did you move to the foreign country for the purpose of the children going to this school?  If not, it doesn't seem like they are temporarily absent from the US.  They are just living with their parent.  So unless you could prove that the children would ordinarily be living with your husband in the US except for the purpose of going to the foreign school, you would not qualify for EIC