Skip to main content
February 7, 2024
Question

SEIC-F1040-506-03

  • February 7, 2024
  • 1 reply
  • 0 views

My husband and I are separated for 4 months now. I claimed my children and my taxes have been accepted. He added the kids to his return and they say non-dependent but his return was rejected with this code. I gather that they're saying I already got the EITC for the kids so he can't, but he's not trying to since they're "non-dependent". So confused.

1 reply

February 7, 2024

He cannot claim the EITC if he is the non custodial parent.  The only credit he can claim as the noncustodial parent is the Child Tax Credit. So he will need to remove that credit from his return. 

 

In the personal info section, did you select that you had an agreement with the other parent to claim your child?  If not, then you will need to Amend Your Return to remove the Child Tax Credit by saying the other parent will claim them this year.  The Amended forms are not yet available for the year.  He will then need to mail in his return because your return will take up to 4 months to process, then you would need to repay the $2,000 per child tax credit (or however much you received per child that he was to get)

 

You can also just pay him the amount that you are getting for the kids if you are getting a large refund.  That would be easier for both of you.  However, if he makes more or vice versa, one of you may see a bigger difference on their return than the other did on theirs. 

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"