DH's original attorney was horrible. I cringe whenever I read his old divorce decree. He agreed to "reasonable visitation" and a life insurance policy that was 100 times the value of his future
child support.
BM gave DH NOTHING but 2 vistations a year. So he had to go back to court to get a new one. This one is much better but it is still pretty crappy.
Back to your tax issues, I would give the change to every other year a shot. Eather that or, if the amount is substantial, get the CS upped to adjust for it. I only know about Florida CS rules, but they do that.
To let you know about my background, I am a public accountant however, I specialize in auditing not tax. I know about taxes but I am by no means an expert. From looking at the code, it seems that the only way you would get the EIC is if your divorce decree states that she is only entitled to the dependency exemption. Otherwise, the same rules apply. If your decree only states the she gets to claim your child as a dependent, then she should get all.
If it just says that your ex has rights to claim the children as dependents, I would check again with your accountant.
There are 2 items that you may be able to claim that your ex can not. The first is Head of Household status based on your child dependency. (If she has other children, she may be able to get the status based on them). She also cannot claim Child Care Expenses on the child. You may be able to do that (if other qualifications are met).
Good luck
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