My ex husband is the custodial parent of our children. If he signs the 8332 form allowing me to claim our children as dependants this year, can he still qualify for the Earned Income Credit for those children or does he lose that right?
I know that I can't get the EIC since I am the non-custodial parent, but I'm hoping he would still be able to.
chatsplas
Favorite Answer
YES.
You get the dependency exemption and he gets the EIC if he otherwise qualifies due to nondependent children and special rule for divorced or separated parents.
Grant
The noncustodial parent will never qualify for the EIC (EITC). Publication 596 has a section on "Special rules for divorced or separated parents and form 8332 or the rules here will only qualify the noncustodial parent to claim the child as an exemption and to claim the child tax credit, not head of household or EIC.
StephenWeinstein
Form 8332 does not affect the EIC. The rules for the EIC stated that it can be claimed for a child who cannot be claimed because of the rules for children of divorced or separated parents, but could otherwise be claimed. (Without those rules, Form 8332 would have no effect.) If he could claim the EIC for those children if not for the Form 8332, he can claim them for the EIC after signing the form.