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. 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? I still have to my daughter down on my taxes i'm just not claiming her this year. I really don't want to have my taxes get delayed but if I have the right to claim the EIC I don't see why I wouldn't. Please help I need some advice on this matter.