Can you claim a child for the Earned Income Credit if they don't live with you?

Question

If a couple is divorced and they have 3 kids is it alright for the non-custodial parent to claim one of the children when you file your taxes and try to get the EArned Income Credit?

We are raising 2 of my hubby's 3 kids. Their mother does not give us SQUAT for support but my hubby was thinking about letting her claim one of the kids so that she could at least use THAT money to buy them some christmas presents...so she doesn't have anymore excuses but he doesn't want to get in trouble himself when he is just trying to help that lazy biaaaattcch out! WE are the ones that pay for everything for them and raise them. He is NOT going to claim the one that she does...she would be the only one claiming the child.

Answer 1

The child must live with you, in the US, for more than half the year. Period, no exceptions. It is possible for the non-custodial parent to claim the exemption for the child, and some of the other child-related credits, but not the EIC.

It is possible that the mother could claim the child's exemption in order to get more money back, but your husband will have to provide her with a Form 8332 - Release to Claim Exemption. It's a simple form, stating that he is not going to claim the exemption and that she may. No calculations, just names and signatures.
I commend you for wanting to help her out. I have no idea what your financial situation is, but would it be possible for you to loan her the money that she would have otherwise gotten with the EIC, and then recoup your money when you file? Or purchase small gifts that she can give them? I'd be careful with that kind of thing, though. You'd kind of be enabling her behavior. Perhaps going a couple years without being able to do things like that will shock her into getting off her *** and cleaning up her act. My ex-husband's mom provides him with money to do things for the kids, and he continues to act like a teenager with no responsibilities. I contend that if she would cut him off, he'd be forced to face the cold reality and start acting like a grown-up. Either that, or drift off and be a bum. No matter what, the kids know that you (and I) are always there and will be a stable place for them, and that's what's important. They may love their mother, but they will eventually know what she is. Perhaps she'll be different if she's forced to.
Hope that helps. If you need to talk, feel free to e-mail me:)

Answer 2

If the child doesn't live with you for more than half the year, then no, they can't be used to claim the Earned Income Credit.

Under special rules for divorced and separated parents, a child can in some circumstances be claimed by the non-custodial parent as a dependent.

Since she couldn't get the EIC based on the child anyway, unless the exemption is worth more on her taxes than yours, then you'd likely be ahead to just give her some money to buy presents for the kids.

Answer 3

The only way that can happen is if the custodial parent gives their approval. Otherwise 2 people claim the child and the IRS will get it back from the one that isn't entitled to the money. Can't fool the IRS. You aren't supporting the child, even if you pay child wupport thet doesn't really support a child, anyone that thinks it does, hasn't raised one.

Answer 4

You can NOT claim the same child twice, unless you file jointly. If you share custody as in 50/50, then you each MIGHT be able to claim having them 1/2 of the year. This is something to ask a broker or tax prepairer, they will be able to give you answers better than us on Yahoo! Answers.

Answer 5

You can't claim the earned income credit unless the kid lives with you full time. Why should you get credit for something you don't do???