If getting Divorced And Joint Custody was granted what about earned income tax credit?

Question

I moved out of state and my husband filed for the divorce and in the papers it says he sees them in summer and every other Christmas and that he gets to claim two of the 4 children, and he will only be seeing them 2 weeks a year. Also it says may 6 08 we separated so that shows he didn't have them no 6 months out of a year but this paper says he can. They sent it to me wanting me to sign and I am not for it. It also says that no child support is to be payed by either party. And that the state that I live in is their permanent residency. So I am very upset about this and just wonder what I am able to do. Can I file the kids or does he get to.

Answer 1

Ignroe the joker.  You signed your divorce decree with language in it.

In fact, the IRS wouldn't ahve recognized the decree for this purpose if it had said he must pay support first.

Answer 2

you questions has been sufficiently answered. having said that..in a divorce there is always compromise.  there are other factors that you have omitted. so chances are that your ex getting to claim those two kids is only allowed because he gave up something.

Answer 3

Usually the person who can claim the child is the parent that the child lived with the most unless there is a court order or the custodial parent signs form 8332 or equivalent.  If he has a court order then there is nothing you can do, he can claim them for the dependency exemption and the child tax credit, he can't claim them for the earned income credit, head of household filing status or the dependent care credit.  For these tax benefits the child must live with you.

Answer 4

Regardless of what the papers say, he cannot claim the kids as dependents if he does not support them.  You should NOT agree to such a thing.  You should also insist on child support.  Depending on how much income you have it might not hurt you if he claims two of the kids.  Regardless of what you decide he should be required to pay child support.

Email me if you want more info.

Edit.  You will still get your EIC and the maximum you can claim for this is two.  Your ex probably wants to get EIC also even though he is not legally entitled to it.

Answer 5

If there's a valid court order saying that he can claim them, he can - they don't have to live with him half the year in that case.  Sounds like he claims two, you claim two - not an unusual situation.  If you qualify for EIC, you can get it.  He can't since they don't live with him over half the year.