When a person is deemed a non custodial parent, there are certain instances where they may be able to claim a Noncustodial Parent Earned Income Credit. The non custodial parent may be able to claim either 20-percent of the federal earned income credit that they could have claimed if the child met specific qualifications or 2.5 times that you would have been able to claim if you did not have any children that qualified.
In order to be considered eligible for this refund, you must not have claimed New York State’s earned income credit. In addition, you must be over the age of 18, have lived in New York State for a full year prior to the claim, and are the non custodial parent to a minor child. As an eligible non custodial parent, you must have had a child support order in place for at least 6 months of the year and you must have made all of these payments in full (or more) over the course of the tax year. Be sure to note that if you have missed a payment or you have only paid certain portions of payment, you will not be eligible to qualify for this credit.
If you have questions about your child support order in New York State, contact an experienced family law attorney who can provide you with assistance in this matter.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., so we can set up a free initial consultation and assess the circumstances surrounding your case.