EIC, Exemption & child tax credit

[klcc31]

What is the name of your state?I live in michigan and am a little confused on the EIC & exemption rules.

Here is a little info on my sistuation:

Me and my fiance have lived together for 5 years, we have 1 child together. He has claimed our child every year on his taxes

This year he can not claim EIC because a increase in his income.

His AGI this year is 35,000 (27,000 in last years)

My AGI is about 9,000

I have read the IRS Pub 596 and it states

"If you and someone else have the same qualifying child but the other person cannot claim the EIC because he or she is not eligible or his or her earned income or AGI is too high, you can treat the child as a qualifying child."

The part that confuses me, is if I claim the EIC, can he still claim our child for the Exemption and Child tax credit, like he always does to help offset his tax liablity???? Or can he not claim our child at all???

I also have 1 other child that I claim soley for EIC, because I am ordered thru my divorce to release the exemption to my X.

 

[Snipes5]

Yes, you can claim EIC, and your fiance can claim the exemption and the child tax credit. Either do both returns extremely carefully, or see an experienced tax professional.

Snipes

 

[abezon]

You can also examine old returns to see if you would have gotten more money by claiming EIC for your 2 kids, than by you claiming EIC for 1 & him claiming for the other kid.