Question

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

Answer

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:

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

Related Topics

Related Resources

How Does Changing Jobs Affect Your Tax Return?

Changing jobs can come with tax implications like job search and moving expense deductions. Learn more about these potential benefits at H&R Block.

What’s the Difference? Enrolled Agent vs. CPA

What’s the difference between an enrolled agent (EA) vs. a certified public accountant (CPA)? Explore the roles of EAs and CPAs at H&R Block.

What Is Virtual Tax Preparation?

Virtual tax preparations let you complete your taxes online from the comfort of your home. Find out how easy remote tax preparations can be at H&R Block.

What Types of Tax Preparers Are There?

Tax preparers can have various designation and specialties. Learn how different types of tax preparers at H&R Block can help you in person or virtually.