Okay....so let's start with what the CO states before I go on with the issue at hand.

The CO states that DH is awarded majority custody of both of the kids for the purposes of the earned income credit (EIC). There standard visitation is 50/50 (shared custody).

The IRS statest that when shared custody is involved and both parents share eaqual time with the kids throughout the tax year that the parent that has the higher gross income is awarded the EIC (which would be DH).

BM told told that she is going to file for back taxes for the last three years and claim the EIC for both of the kids. (That's almost 20K of the money that we pay in taxes that she doesn't qualify for.) She has stated that because DH makes too much money and can't claim the EIC that somebody gets to claim the money and that's just how things are. She is also claiming that her attorney and her tax guy have stated the same thing.

This lady is complete leach on society. She is guilty of food stamps trafficing, worked the welfare system, has herself and the kids on free healthcare, and has the kids on free lunches at school. She gets to claim both of kids throughout the year and at the end of the year while DH gets screwed.

They have worked things out in the past to where he would send a letter to her tax guy and allow her to claim the EIC in exchange for one of the kids. (I'm wondering why her tax guy didn't just tell her she could claim it back then without having to give up one of the kids?)

The issue is she needs money. She has a baby due in October and no where to put it. I'm assuming that over the past almost year she'sbeen pregnant neither her or her husband have managed to save money. So not she'd figured out how to get the money and screw us over.

My question is, is this legal? Can she do this? Even if the EIC wasn't awarded to DH in the CO she still wouldn't qualify because DH has the higher income. He's also considered the custodial parent with majority custody in the CO.