Ok me and my son's dad have 50/50 (joint) and with the cout papers I have say I can file taxes on even years and my ex on odd years. Then it says that every year my ex gets to claim the earned income tax credit. But I talked to someone from h&r block and they say you can't claim him twice. So when I claim on even years I can't?

The child custody papers have a problem, it does not follow and violates tax law. You either claim the child or you don't, and depending on income is if you even get earned income.

I can't understand why any attorney allowed this in there.

So both you you have the right to claim the cihld by court papers on those years. You will need to go back to court and this this cleared up.

Quote:

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Originally Posted by Fr_Chuck

The child custody papers have a problem, it does not follow and violates tax law. You either claim the child or you don't, and depending on income is if you even get earned income.

I can't understand why any attorney allowed this in there.

So both you you have the right to claim the cihld by court papers on those years. You will need to go back to court and this this cleared up.

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There is a difference between the child deduction (dependent) and the EIC (Earned Income Credit).

EITC Home Page--It?s easier than ever to find out if you qualify for EITC


So yes it is legal in this case.