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    tcp978's Avatar
    tcp978 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 20, 2011, 09:48 AM
    Divorce Decree says we are each allowed to claim 1 child as a dependent but...
    My divorce decree says my ex and I are each allowed to claim 1 child as a dependent on our taxes. The children LIVE with me. They are with him every other weekend and every Thursday night. I pay my daughters daycare ($400 a month) while he pays our sons latchkey (after school care of about $200 a month. If he is allowed to claim my son as a dependent on his taxes does he get to claim all the extra benefits too like the Child Tax Credit and Earned Income Credit? I think I should be able to claim that since both children live with me.

    Help! By the way, we live in Michigan if that matters.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 20, 2011, 10:53 AM

    Yes, only the custodial parent gets EIC. If noncustodial parents gets to claim the child, noncustodial parent gets dependent's exemption and child tax credit.
    tcp978's Avatar
    tcp978 Posts: 2, Reputation: 1
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    #3

    Jan 20, 2011, 11:02 AM
    Thank you! That's what I thought but just wanted to make sure before I sent in my taxes. I didn't want to get in trouble, especially since he is saying he will take me to court if I claim the EIC for my son.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 20, 2011, 07:20 PM
    MukatA is correct; the custodial parent gets the EIC as Head of Household, while the parent who claims the dependency exemption gets the Child Tax Credit.
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