Question

[sofrustrated]

What is the name of your state? Michigan

If parents are divorced can the non custodial parent (children do not live with 50% of the time) claim the EIC or the Child Tax Credit?

Or is it just the exemption that the non custodial parent would be allowed to claim?

 

[LdiJ]

What is the name of your state? Michigan

If parents are divorced can the non custodial parent (children do not live with 50% of the time) claim the EIC or the Child Tax Credit?

Or is it just the exemption that the non custodial parent would be allowed to claim?

The non-custodial parent MAY NOT claim EIC. If the NCP is entitled to the exemption for the child per court order, then the child tax credit is included.

 

[sofrustrated]

Okay, was trying to figure that out because I thought child had to live with ncp for more than half the year.

So in otherwords if there is a court order stating ncp gets to claim kids every other year then the cp can't claim that child for anything (child tax credit or EIC)

 

[Snipes5]

CP can POSSIBLY claim the child for EIC only, if the NCP gets the exemption/CTC, but there is still some debate on that among professionals, and the IRS has not yet clarified the issue. If the IRS declares that EIC cannot be separated from dependency (as it HAS in the past), no one in this situation will get the EIC.

Snipes

 

[abezon]

CP can still claim the kids for EIC purposes, as well as for child care credit, and to qualify for head of household filing status. NCP gets the exemption & the attendant child tax credits.

 

[sofrustrated]

The EIC is no help to me as we don't qualify for that anyway. The biggest help to our income is the Child Tax Credit which with his income isn't going to benefit him as much as it would us. Oh well, will see what happens.