Tax Prep by Deb Posted April 15, 2011 Report Posted April 15, 2011 I have a couple of clients who recently divorced. They share custody of their only son. The mom has 51% and the dad 49%. When you add up the nights that also confirms custody arrangement. The divorce degree allows for the dad to claim the son every other year. It is his year and has claimed the son. His income is way to high for EIC and he has already remarried, so therefore not filing HH. My question concerns the mom. Because she had him for more than 1/2 the year, can she claim the son for the EIC. I've read and it seems like she probably can, but I would appreciate anyones thought on the matter. My brain hurts, and I'm wishing it was already the 19th! Deb! Quote
grmy2h Posted April 15, 2011 Report Posted April 15, 2011 Mother would be the custodial parent therefore HOH/EIC, she will need to sign form 8332 for father to claim dependancy and child tax credit. Quote
Pacun Posted April 16, 2011 Report Posted April 16, 2011 Mother would be the custodial parent therefore HOH/EIC, she will need to sign form 8332 for father to claim dependancy and child tax credit. Correct. Father cannot claim HH with 49% ever. Quote
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