EIC Dilemma

Today KC in AZ is worried “My ex and I have joint custody of our son. He’s with each of us the same amount of time (every other week), and we alternate claiming him on taxes each year.

This year I am claiming him (my first time) and may qualify for EIC w/ qualifying child. But I’m not positive he qualifies for the amount of time he lives with me (it stated that time had to be OVER 6 months, but he’s actually been with me exactly 6 months). I’m wondering if that will still allow him to be a qualifying child for me. Thanks for any info you have on this!”

Well, do you need the wisdom of Solomon to split the tax custody of KC’s son? TaxMama has a better way – and the boy stays intact. Listen.


Hey KC,

My math must be getting really rusty. How do you divide 365 by 2 and get an exactly even number? You’ve either got your son for 182 nights or 183. Unless, of course, you’re making the poor boy get up in the middle of one night and run over to Dad’s?

Highly unlikely. So…

You could let this be soooo complicated. Or it could be so easy.

First for complicated….we had this really good discussion some time back, with an accounting student and a professor clarifying the issues on this very subject

There are several pages….so do read them all.
http://taxmama.wpengine.com/AskTaxMama/Articles/whogets.html
http://taxmama.wpengine.com/AskTaxMama/Articles/whogets2.html

Now, to make it really easy?

Just have your ex sign this Release form which spells out that he will not claim your son for 2004. http://ftp.fedworld.gov/pub/irs-fill/f8332.pdf

You can print up two of these forms – one for each of you.

On one form, you can list all the years you get to take your son. And on the other form, you can list all the years your ex gets your son.

Have your ex sign the form for your years. You sign the one permitting your ex to take your son for the other years.

That’s it. You’ll never have to fight it out again. And if IRS or state inquires…you have these signed forms.

This really should make life easier for you – and save you a fortune in audit costs.

Naturally, you’ll find answers to all your questions about dependents and other tax information, free. Where? At TaxMama.com

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