Can I claim EITC for a child my ex legally claims as a dependent?

So I've got this situation I need some help with. My ex and I have 50/50 custody of our two kids, and we finally got a court order this year saying we each claim one child on our taxes. I went to my tax guy today (been using him for years for everything - when I sold my house, my crypto stuff, all that). When I was filing, he asked about my ex's income, which is somewhere around $115k-130k, and he told me that since my ex makes too much to qualify for the Earned Income Tax Credit, I could claim the EITC for both kids even though my ex is claiming one as a dependent. I asked if my ex would still be able to claim the Child Tax Credit and deduct daycare expenses for the kid he's claiming, and my tax guy said yes, that would be fine. I'm just nervous that something might go wrong with my ex's return if I do this. Like, will it get rejected if I've claimed the EITC for a child he's claiming as a dependent? I don't want to mess up his taxes or cause problems between us. Anyone dealt with this before or know if this is actually allowed? Thanks in advance!

0 coins

18 comments

CosmicCommander

•8M

This is actually a common situation with split custody. Your tax preparer is correct - the EITC and dependency exemption are separate things. The parent claiming a child as a dependent gets the Child Tax Credit and can deduct qualifying expenses like daycare. However, EITC eligibility has different rules. For EITC purposes, your ex wouldn't qualify anyway due to income limitations (currently capped well below $100k). Since you both have the same custodial time, either of you could potentially claim EITC for either child if you meet the income requirements. The IRS doesn't automatically connect EITC claims with dependency claims in their system. That said, it's always good to document everything. Make sure you have a copy of your custody agreement showing 50/50 custody, and perhaps discuss this arrangement with your ex to avoid surprises. Clear communication can prevent conflict when tax issues involve co-parents.

0 coins

CosmicCommander

•8M

The EITC and the dependent claim can technically be split between parents in your situation, particularly with 50/50 custody. The IRS systems don't automatically cross-check these specific benefits against each other in the way they might check if two people claimed the same child as a dependent. Having documentation is always best practice. Your custody order establishes the 50/50 arrangement, which is great. However, if you're concerned, a simple email or text confirmation from your ex acknowledging they understand the tax arrangement would provide additional documentation. It doesn't need to be formal - just something showing you both agreed to the arrangement.

0 coins

Giovanni Colombo

•8M

I was in almost the exact same situation last year and found a tool that saved me so much stress! I used https://taxr.ai to review our complicated custody arrangement and tax situation. You upload documents like your custody agreement and answer some questions, and it gives you a clear breakdown of exactly what tax benefits each parent can claim. The tool confirmed what I suspected - that EITC and dependency claims follow different rules, and I could legally claim EITC while my ex claimed the dependency. It also gave me documentation I could keep for my records explaining why this arrangement was compliant with tax laws. Seriously, it took like 15 minutes and gave me so much peace of mind.

0 coins

Giovanni Colombo

•8M

The IRS did accept both our returns without any issues. What I particularly liked is that it analyzed our specific situation rather than just providing general advice. It pointed out that since my ex's income was over the EITC threshold, there was no risk of "double-dipping" on the same benefit. It provides a detailed explanation document that breaks down the relevant tax code sections and explains how they apply to your situation. I actually forwarded this to my ex, and it helped us avoid an argument since it came from a neutral third party rather than just me telling him how it should work. It's written in plain language that even my ex (who knows nothing about taxes) could understand.

0 coins

Dylan Cooper

•8M

Just wanted to share my experience after trying taxr.ai that someone recommended here. I was initially unsure if it would actually help with my complicated custody arrangement, but it was genuinely helpful! I uploaded my custody agreement and answered questions about both my and my ex's income situations. The tool confirmed I could claim EITC for my child even though my ex claims them as a dependent due to our alternating year agreement. It explained that since my ex's income exceeds the EITC threshold ($60,000+), there's no conflict with me claiming it. What I really appreciated was the detailed documentation it provided explaining exactly which parts of the tax code support this arrangement. I shared this with my ex, and for once we didn't argue about taxes! Definitely worth checking out if you're navigating split custody tax situations.

0 coins

Sofia Ramirez

•8M

Reading your situation reminds me of the nightmare I went through trying to get clarification from the IRS directly. I spent HOURS on hold, got disconnected twice, and when I finally got through, the person couldn't even give me a clear answer about EITC vs. dependency claims in split custody situations! I eventually used https://claimyr.com to get through to an actual IRS agent who could help. You can see how it works here: https://youtu.be/_kiP6q8DX5c. They got me connected to an IRS agent in about 15 minutes when I had been trying for days on my own. The agent confirmed exactly what your tax guy told you - that EITC eligibility and dependent claims are separate issues, and your ex's return won't get rejected just because you claimed EITC. She also advised keeping documentation of your custody agreement and income situations just in case.

0 coins

Sofia Ramirez

•8M

Yes, they connect you with an actual IRS representative, not some third-party tax person. It works because they use technology that continuously calls and navigates the IRS phone system for you. When they finally get through the queue, they call you and connect you directly to the IRS agent who's on the line. They're basically just waiting on hold for you so you don't have to. And trust me, I was skeptical too until I tried it. The IRS agent I spoke with answered my specific questions about my custody agreement and EITC claims, and gave me her ID number so I could reference the call if there were ever questions about the advice I received.

0 coins

StarSeeker

•8M

Well, I need to eat some humble pie here. After dismissing Claimyr as probably being a scam, I decided to try it anyway out of desperation when my ex and I had a similar EITC/dependent situation this year and couldn't get clear answers. I was honestly shocked when they actually got me through to an IRS agent in about 20 minutes. The agent was super helpful and confirmed that in our 50/50 custody situation, I could claim EITC for a child that my ex claims as a dependent if they exceed the income threshold for EITC. She even explained that they look at different qualifying child tests for different credits, and the EITC doesn't automatically have to align with who claims the dependency. Saved me hours of stress and arguments with my ex. Consider me converted!

0 coins

Ava Martinez

•8M

I've been a tax preparer for 10 years and see this situation frequently. Here's what you need to know: For EITC purposes, a qualifying child must meet relationship, age, residency, and joint return tests. Nowhere in those requirements does it state that you must be the one claiming them as a dependent. However, if both parents could potentially claim EITC for the same child (both meet income requirements), the tiebreaker rules apply. But in your case, since your ex exceeds EITC income limits, there's no competition for the EITC. The most important thing is consistency. Make sure information like the child's SSN, name spelling, and date of birth match exactly on both returns to avoid automatic flags.

0 coins

Ava Martinez

•8M

If a parent attempts to claim EITC while exceeding the income threshold, their tax software or the IRS systems will automatically calculate that they're ineligible and they won't receive the credit. The system is designed to check income against the EITC thresholds. Even if they somehow managed to claim it incorrectly, the IRS would not penalize you for correctly claiming EITC when you're eligible. They would address the incorrect claim with the higher-income parent. The key is making sure all your information is accurate and consistent, especially the child's SSN, which the IRS uses to track who's claiming which benefits for each dependent.

0 coins