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EITC Question: Can I claim EITC for non-dependent child when sharing 50/50 custody?

I share 50/50 custody with my ex and we have a court order to each claim one child. My tax preparer says I can claim EITC for both kids since my ex makes too much ($90-100k) to qualify. He says my ex can still claim their dependent for child tax credit and daycare expenses. Worried this might cause issues with IRS. Is this actually allowed?

Mia Roberts

Tax professional here. This is incorrect advice from your preparer. You can only claim EITC for a qualifying child that you're entitled to claim as a dependent. The IRS is very strict about this rule - if you can't claim them as a dependent, you can't claim EITC for that child. I'd strongly recommend getting this corrected before filing.

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Grace Lee

omg thank you! I knew something felt off about this ๐Ÿ˜ฉ gonna go back tomorrow and fix this

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The Boss

This happened to me last year and I got audited. Trust me, you dont want that headache ๐Ÿคฎ

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Evan Kalinowski

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Victoria Charity

does it actually work? seems kinda sketchy ngl

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Evan Kalinowski

100% legit! It uses AI to scan your tax docs and explains everything in plain english. Way better than trying to decode IRS website lol

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Jasmine Quinn

How exactly does it work? Does it just read transcripts or what?

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Evan Kalinowski

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Oscar Murphy

ur tax guy sounds sus tbh. get a second opinion

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Nora Bennett

I'm in literally the exact same boat with my ex! Following this thread ๐Ÿ‘€

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Ryan Andre

same here! these custody tax situations are so confusing fr

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Lauren Zeb

Just fyi - the IRS has gotten really strict about EITC claims lately. They're flagging everything sus

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Daniel Washington

facts ๐Ÿ’ฏ they delayed my refund 6 months last year over EITC verification

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Aurora Lacasse

yall need to stop listening to random tax preparers and actually read the IRS guidelines smh

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Anthony Young

ok but have u seen those guidelines? might as well be reading ancient hebrew ๐Ÿคฃ

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