My ex-husband and I share custody of our 13 yr old son. My ex-husband is claiming our son as a dependent on his 2010 taxes (we flip flop years). I've been told that since my ex doesn't qualify for the Earned Income Credit (he makes too much money), I can qualify for the EIC if I label my son a "non-dependent for EIC only" on my taxes. Is it true my ex can claim dependent for the Child Tax Credit and I can claim non-dependent for the EIC? Thank you!

“I can qualify for the EIC if I label my son a "non-dependent for EIC only" on my taxes. Is it true my ex can claim dependent for the Child Tax Credit and I can claim non-dependent for the EIC?”----> First of all, if you file your return as married filing separately, MFS, then you can’t take EIC. or child tax credit. Only the parent with whom the child lives for more than one-half the year may claim the EIC for the child. Federal law prohibits parents from "taking turns" claiming the EIC unless the child actually changes residence each year. When a non-custodial parent claims the EIC (for household with child), he or she runs the risk of severe penalties as well as the certainty of having to pay back all EIC amounts improperly received. A custodial parent who assists in this violation of the tax code also risks exposure to IRS penalties.