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PleaseHelp! Child EIC tax Question!

dovetrinity's picture
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Hello! I have a question about my fiance claiming our(his) daughter on his tax return. We live in Michigan. He claimed her last year because his ex was not eligible I guess. She has 3 kids total from 3 different dads, ours being her youngest. She does not work and is the custodial parent of our daughter and we pay child support. A few weeks ago she told my fiance that she was going to claim our daughter and that he couldn't. Now she is saying she wants him to claim her and give her 1/2 of the EIC. I've read a few things saying that she needs to sign something in order for him to claim?? But if she CAN'T claim her for the EIC, then do we still need permission? If we can go ahead and claim her without permission I don't see why we should give her any of it (not like our daughter will see a dime of it from her anyway). But if we NEED her consent, I guess splitting it may be our only option.

Does anyone know the rules in this situation? Or at least know who we could contact to get these answers??

Thank you so much!

mommyof6's picture

There should be documentation on who claims the child whether it be in the custody documentation or divorce documentation. The EIC credit is based on family size and income and the child tax credit is not. The ex can claim the child and get the child tax credit and you can claim the child for EIC purposes only.