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Who get's the EIC?

martinf's picture

Submitted by martinf on Tue, 02/28/2012 - 4:51pm

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Hey All,
Wow, I wish I had found this site along time ago!
So, I've been reading so much about the earned income credit...everything but the answer to my question! Hoping someone here knows...
So, if my ex has primary custody of the kids does she automatically get the EIC if she insists on having it? Our divorce papers stipulate that we each "get" to claim one of our two kids for deduction purposes, but it doesn't say anything about the EIC (we didn't think about that) and now she says she gets the EIC. Am I out of luck?
thanks for any assistance.
~martin

GoodbyeNormaJean's picture

Submitted by GoodbyeNormaJean on Tue, 02/28/2012 - 4:56pm

If you claim the child on your taxes, you get the EIC for that child.

DH is custodial of 2 of his kids, and has 50/50 of the youngest. BM3 claims her in even years, we claim her in odd years. On the years BM3 claims her, she claims her completely. She files for her PFD, and she pays the taxes, claims the EIC. On our years, we do the same.

Ex4life's picture

Submitted by Ex4life on Tue, 02/28/2012 - 5:31pm

Our tax guy agreed with Kayro. Where the children live at more than 50% of the year is who gets to claim them. Ours even told us that it doesn't really even matter if you have a court decree stating otherwise as the Federal department of the IRS is not answerable to a family law court decree.