2017 vs. 2018 HOH and EIC

[jerr]

I have used turbo tax every year to file my return. I was divorced in 2016 and ex claims both our kids as dependants. Last year, I filed single. This year, though, turbo tax told me to file HOH. It is my understanding that if ex claims dependants, I can claim HOH and EIC because they live with me full time and I pay for more than half of the running of my household. Did tax law change from 2017 to 2018? Should I amend my 2017 return to reflect HOH and EIC?

[NCperson]

Answer the questions that TT asks you with respect to your personal situation and then trust the result.  

the IRS has a tool where you can punch in both your 2017 and 2018 scenarios and it will tell you what your were eligible for . In essence they have incorporated any tax law changes in to the tool

click the 'begin' button at the bottom of this screen:

https://www.irs.gov/help/ita/does-my-childdependent-qualify-for-the-child-tax-credit-or-the-credit-f...

[IsabellaG]

Your understanding is correct. As the custodial parent (the children live with you for more than half the year), who pays more than half the household expenses for your home, you would be entitled to file as Head of Household and also claim EIC. The noncustodial parent ( your ex) can claim the Child Tax Credit in 2018, and the dependency exemptions in 2017. This law has not changed, so if your situation was the same in 2017, you would be able to file the same as in 2018. You should consider amending your 2017 return, but be careful making your entries, because people often make the mistake of claiming the dependents when that was not their intention.