Earned Income Credit 2009 return?
I am divorced with two children. Per our divorce, if my ex is current in his child support obligation, he will be able to take the deduction for ONE child. I signed the 8388 for 2009 as he was current and he took the deduction for our daughter. However, since the children reside with me and he them only every other weekend, I claimed the EIC for both children last year.
Per Turbo Tax Q and A:
Yes, if you are the custodial parent and do not live with the father. There is a special rule in the case of divorced & separated parents. When the non-custodial parent is claiming the child as a dependent (exemption), child tax credit, and/or education credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons.
In the personal section of TurboTax, the custodial parent lists all the child's information, but on the drop down menu for "dependent type", selects "non-dependent -used for EIC/dependent care only"
Now I have rec'd a notice from the IRS advising me someone else (the ex) claimed my child as a deduction.
So, is the information from Turbo Tax incorrect?
or did that weasle try to get the EIC as well (he even called and asked me if he could and I told him no, that I had already claimed her and he was not entitled to the credit).?