EIC laws for Mississippi

[Aprilinmiss]

What is the name of your state (only U.S. law)? Mississippi. My divorce papers state my ex-husband can claim our daughter as a depenedent every other year. She lives with me. She visits him every other weekend and 4 weeks during summer. Can he claim her on his Earned Income Credit? Everything I have read states that he can not claim her (even if I don't) because she does not live with him atleast 6 months out of the year. Is he breaking the law by claiming her? This is his year to claim her as a dependent, but he also claimed her for EIC. Please let me know ASAP. My husband and I are filing our taxes in a couple of days and I do not know if I need to claim her on EIC.

 

[NotClueless]

What is the name of your state (only U.S. law)? Mississippi. My divorce papers state my ex-husband can claim our daughter as a depenedent every other year. She lives with me. She visits him every other weekend and 4 weeks during summer. Can he claim her on his Earned Income Credit? Everything I have read states that he can not claim her (even if I don't) because she does not live with him atleast 6 months out of the year. Is he breaking the law by claiming her? This is his year to claim her as a dependent, but he also claimed her for EIC. Please let me know ASAP. My husband and I are filing our taxes in a couple of days and I do not know if I need to claim her on EIC.

It does NOT appear that your X was entitled to file EIC; you will have to file a paper return to include you child on YOUR tax return for EIC purposes. The government will straighten that one one in 4-6 months. He is NOT the custodial parent; he cannot claim EIC (or child & dependent care) credits.