Tax credit for children?

last year i separated from my husband.we have two young girls.i now live in an appartment with one of the girls and the other lives with her dad at his mothers house.last year my husband hardly worked,i don%26#039;t even know his earnings. he never showed me his check when he did work. i worked and paid most bills and medical insurances. can i claim both the girls on my tax return?? thank you

Tax credit for children?

Sounds like it, if your ex agrees in writing. This is what IRS has to say:

Children of divorced or separated parents. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.

The parents:

Are divorced or legally separated under a decree of divorce or separate maintenance,

Are separated under a written separation agreement, or

Lived apart at all times during the last 6 months of the year.

The child received over half of his or her support for the year from the parents.

The child is in the custody of one or both parents for more than half of the year.

Either of the following statements is true.

The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement made after 1984, later.)

A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2006 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child%26#039;s support during the year.

Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent.

If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year.

Example.

Your child lived with you for 10 months of the year. The child lived with your former spouse for the other 2 months. You are considered the custodial parent.

Written declaration. The custodial parent may use either Form 8332 or a similar statement (containing the same information required by the form) to make the written declaration to release the exemption to the noncustodial parent. The noncustodial parent must attach the form or statement to his or her tax return.

The exemption can be released for 1 year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration. If the exemption is released for more than 1 year, the original release must be attached to the return of the noncustodial parent for the first year, and a copy must be attached for each later year.

Divorce decree or separation agreement made after 1984. If the divorce decree or separation agreement went into effect after 1984, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or agreement must state all three of the following.

The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.

The custodial parent will not claim the child as a dependent for the year.

The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent.

The noncustodial parent must attach all of the following pages of the decree or agreement to his or her tax return.

The cover page (write the other parent%26#039;s social security number on this page).

The pages that include all of the information identified in items (1) through (3) above.

The signature page with the other parent%26#039;s signature and the date of the agreement.

Tax credit for children?

Either one of you can claim your girls...as long as both of you dont try to. If the IRS catches both of you claiming them for the child tax credit or the earned income credit you will have to repay that plus penalities. I would talk to your ex and find out what he plans on doing and if he is going to try and go after the money that you would get back if you claimed them. I would check with his mother also and find out if SHE might be trying to claim the one that lives there. Some might say it depends on what percentage of the year the child lived with you, but its mostly dependent on who provided all of the financial support for the child.