If my ex-husband is allowed to claim the dependency tax deduction and/or credit for the oldest son, if he lives with me am I entitled to claim him under the EIC?

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If my ex-husband is allowed to claim the dependency tax deduction and/or credit for the oldest son, if he lives with me am I entitled to claim him under the EIC?

Asked on April 11, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to answer your question is to carefully read the presumed marital dissolution agreement and order with respect to it with your former husband. My experience is that such dissolution agreements and court orders with respect to tax deductions for dependent children typically include who gets what tax credit with respect to the minor children.

If the agreement does not state who gets the tax credit, ordinarily the tax credit is divided proportionately with respect to the time the minor child is with each parent during a given week percentage wise.


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