| | Refile to claim past year EIC?
My divorce was final in 2011, with an agreement that I would claim one child and their father would claim two going forward until they were no longer eligible dependents. I understood that to mean I could only claim one child for EIC purposes as well, but now I believe I was incorrect.
I am about to file my 2014 federal taxes with one dependent and three children for EIC. We have joint physical and legal custody on a 50/50 basis and their father is not eligible for EIC. The IRS walk-thru seems to substantiate my path is correct. They do not live with me LESS than half of the year. If only one of us is considered the custodial parent, I am despite the 50/50. All this being the case, I can and should go back and amend my 2011, 2012 and 2013 returns for what would be a substantial windfall...right? I was financially eligible (I believe, for all of those years.)
I used TaxAct all of those years and can access all the returns easily. A human preparer would probably have advised me on this situation better.