Wednesday, May 26, 2010

Don't I get the child tax credit and EIC if my ex claims our daughter?

Ok, my (ex) husband and I got divorced in 2001 and according to our divorce papers he gets to claim her for even years IF his child support is current at the end of the year. Well, I%26#039;m waiting for documentation from the Prosecutor%26#039;s office (he lost his job at one point, but made additional payments), but I think he may have actually caught it up! I was on TurboTax trying to get an estimate of what my federal tax return would be without claiming her as an exemption and it wouldn%26#039;t give me the child tax credit for her. I could%26#039;ve sworn that the custodial parent (she lives with me all 12 months) still got the child tax credit and EIC even if they weren%26#039;t able to claim them as dependents.



Don%26#039;t I get the child tax credit and EIC if my ex claims our daughter?

You are correct. The custodial can receive the EIC even if they cannot claim the child as a dependent.



The IRS FAQ%26#039;s regarding the EIC may help.



Don%26#039;t I get the child tax credit and EIC if my ex claims our daughter?

My understanding is that you cannot claim any of the credits/expenses if you cannot claim the child they are directly related.



Don%26#039;t I get the child tax credit and EIC if my ex claims our daughter?

You are correct, you still get the tax credit and EIC. The EIC form has a place to enter your %26quot;qualifying dependent%26quot; which is independent of who you claim on the front of your 1040. In other words, you lose the deduction for your child, but you can still get the Tax Credit (you must fill out form 8901) and the EIC (SCH EIC).



Don%26#039;t I get the child tax credit and EIC if my ex claims our daughter?

There were changes made to the Uniform Definition of CHILD in 2005. The person claiming the child as a dependent is the one who gets all the credits and deductions. When the law changed, it was no longer possible to split up these credits between the parents. If you aren%26#039;t the one claiming the child as a dependent on your taxes, you don%26#039;t get the child tax credit or EIC this year.



Don%26#039;t I get the child tax credit and EIC if my ex claims our daughter?

No, you don%26#039;t get the child tax credit if the child is not claimed as your dependent for that year. But she probably still qualifies you for the EIC.

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