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JRWells
New Member

Tax Advice for child tax credit and EITC

How would you go about the custodial parent claim EITC and the non custodial parent claim Child tax credit in the same tax year? I have heard the custodial parent can do this but not sure what the steps are to do so.. Also can a grandparent claim Child tax credit if there son doesn't work and also behind on support?

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3 Replies

Tax Advice for child tax credit and EITC

This is a bit too confusing to comment on without more information.

 

 Who do the children actually live with?   Who did they spend the most nights with in 2024?   

 

Did grandparent support the children?   

 

And who does the unemployed son who owes delinquent child support live with?   How is he being supported?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
JRWells
New Member

Tax Advice for child tax credit and EITC

The children lives with Me. In our divorce papers He can claim the younger child and I can claim the older child. If his child support is not current by Dec 31st I have the right to claim the younger child.  The unemployed son works under the table so he has is mom claim the younger child. For 5 years I have been told that I can claim EITC and he can claim child tax credit but he hasn't been able to cause I do the EITC. Last year His mom Grandma claimed the child and I wasn't able to do the EITC as I did every year. 

BillM223
Employee Tax Expert

Tax Advice for child tax credit and EITC

The Child Tax Credit can be taken only by the parent who has listed one or more eligible children as a dependent on the parent's tax return. The requirements for who is a dependent are listed on this IRS webpage: Dependents.

 

So, who does the child live with all year? Who pays for more than 50% of the child's support? How old is the child? The answers will determine who is able to claim the child. 

 

Claiming children is not a negotiating game where adult pass children around back and forth to maximize tax refunds - when you apply the rule (see link above), normally only one adult will be able to claim a child - especially if there is a divorce decree document that specifies who can claim a child.

 

You are not required to have a dependent to be able to take the EITC; however, having one or more dependents increases the size of the credit.

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