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Can I claim my children for the EIC but not as dependents, so my ex-spouse can claim them as dependents?

If you're the custodial parent, you can release your right to claim your children as dependents. If you do so, your ex-spouse as the noncustodial parent can claim the exemption and child tax credit for the children.

Since you're the custodial parent, you might be able to file as head of household. If you meet the qualifications, you can claim these credits:

  • Earned Income Credit (EIC)
  • Childcare credit

This is the only instance in which more than one taxpayer can claim child-related benefits for the same child.

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