Can I keep my kids on my return as Non-Dependent EIC if their father is claiming them as Dependents on his?

[x-lao4510]

we all live together, and he's filing as head of household. We were told that since the children had health insurance under him, that he HAD to claim them as dependents.

[Anita01]

You're not married?

[x-lao4510]

We are not married.

[Anita01 · Accepted solution]

I assume you are not married to the children's father, since spouses living together cannot claim head of Household.

The answer sis no, you cannot.  For an unmarried couple living together with their children, only one parent can claim everything related  to the children.  if he claims head of household based on having the children as dependents, only he can claim all child-related credits.