Wondering how this works? Girlfriend was getting the EIC. Who is eligible for the 3rd child for the EIC. I think he earns slightly more money. Little confusing.
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Tiebreaker Rules Kick In!
The Child is Treated as a Qualifying Child Only By:
The parent with whom the child lived the longest during the tax year, if two of the persons are the child's parent and they do not file a joint return together.
The parent with the highest adjusted gross income (AGI) if the child lived with each parent for the same amount of time during the tax years, and they do not file a joint return together.Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDR -
Either parent can claim the child and EIC. It is up them.
If they both try to claim the child, then the Tiebreakers Rules come into play.
See Examples 11 and 12 in Publication 596.
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