The IRS says I’m eligible for dependent care credits even with zero reported income, as long as I reside in the US & my home was my children’s main home. How do I do this

[lkperanton]

My ex pays zero child support for three kids that I have 95% of the time, & he has stolen my care credits the last three years. This year I don’t have an income to report, but want to receive the tax credits, especially since he illegally took them the last three years while I did have taxable income.

[DoninGA]

You will have to post the IRS website that indicates you are eligible for the Child and Dependent Care Credit without having any earned income on a 2023 tax return.

The tax code does not allow you to be eligible for any type of tax credit without earned income from work such as the Child Tax Credit, the Child and Dependent Care Credit or the Earned Income Tax Credit

[Critter-3 · Accepted solution]

For the prior years ... if he filed and claimed the kids incorrectly then you should file paper returns to claim the kids and credits you are eligible for. 

[xmasbaby0]

For the years that the other parent claimed the children---if you were the custodial parent who they lived with for at least 183 nights of the tax year, then file tax returns claiming them as dependents.  The IRS will investigate.   If your children lived with you, then that is what the IRS cares about and you can get child-related credits for the past years.   But for 2023, you cannot get any child-related credits unless you had income from working.  You must be looking at some old information, or misunderstanding what you are seeing.   For a 2022 tax return or for 2023, if you did not have income from working, you cannot get earned income credit or child tax credit even if you have children to claim as dependents.