I currently have a "parenting plan" that was established around September of 2014. It is court ordered that my ex gets to claim my daughter every other year. This is his year to claim her but I read online that although he can claim her as a dependent I still have the right to claim the Earned Income Credit because I am the custodial parent. ===>>>>>>>>>correct;you can but he can’t. Only you, the custodial parent ,can claim the child for EIC, and they can do that even if the other parent claims the child as a dependent.
She lived with me and my husband all of 2014. One of the requirements to claim the EIC is having the child live with you the majority of the year. When I brought this to his attention he said that he already filed but put down that my daughter did not live with him.
My husband and I are filing jointly and were planning on claiming the EIC if we qualify for it. Do you think our taxes will get red flagged?======>>>>>>> no. If you are legally separated, and living apart, and "considered unmarried", then you may file as head of household, to claim the child, and claim EIC.This is the only possible way that you can claim EIC when married without filing jointly
MFS status does lose the EITC claim;