Filing taxes
I have a custody order in place that addresses tax filing. We get to alternate years claiming my daughter for the federal dependent tax deduction. It also says that if one parent would like to claim in an off year they can and would have to pay the other parent the difference that not claiming her cost them. My question is would this allow her father to claim the EIC (earned income credit) as well as the federal child tax deduction? It is my understanding that only the custodial parent can claim that, and I have sole legal and physical custody. I would like to claim her on an off year, but want to make sure and let her dad know that that he isn't supposed to be claiming the EIC if he isn't supposed to. When you file taxes and ask for the EIC it does ask if the child lived with you, which she has not lived with him.
1 Answer from Attorneys
Re: Filing taxes
Both parents need to provide their tax forms showing the benefit with and without the child deduction. The party who cannot claim must offer to the claiming party the amount of the benefit to which the claiming party is entitled.
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