Dependent/EIC

[Salhp93]

Hello, I want to keep this short. My spouse claimed my son. I'm currently adjusting my personal info. I am not putting my son as a dependent but am as a EIC and for that reason am getting rejected. Is that against the law, if so how do I correct it to get my tax refund approved ?

[Anonymous]

why aren't you filing jointly? neither you nor your spouse can get the credit if married filing separate. 

[xmasbaby0]

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit + education credits if the child is a full-time college student.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. 

[Texas Roger]

Are you and your spouse married and living together. If so, why are you not filing married filing jointly? If you file married filing separately, only one of you can claim your dependent and that person must claim the dependent for all the tax benefits. They are substantially reduced with a married filing separately tax return. 

[xmasbaby0]

And....when you file married filing separately, you are not eligible for the Earned Income Credit.

[Salhp93]

We are not married, we do live together and share expenses.

[xmasbaby0]

Then your GF is not a legal spouse.  If the two of you live together with your child then only one of you should be claiming your child.  You cannot split up the child-related credits.  One of you can claim the child and file as Head of Household and get the child-related credits which may include earned income credit, child tax credit and the childcare credit.  The other one files as Single and does not enter anything about the child on their return.