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She is entitled to the credit, based on her 2020 income and dependent. The ex got an advance that he does not have to repay.
The more I know the more I don’t know.
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".....but she shouldn't get the credit."
But, you are wrong as that is not what the law says.
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"She is now claiming their daughter"
And that's all that matters.
Perhaps it would help to review what is really happening:
The funds were paid out as Advanced payment against a projection. The projection used 2018 or 2019 tax returns. But 2020 is the Actuals. You use the 2020 return to reconcile what a person is entitled to, against what they got.
You might want to bookmark these links and read the IRS guidance.
Interactive wizards portal for determining dependency:
https://www.irs.gov/help/ita
And:
https://www.irs.gov/newsroom/economic-impact-payment-information-center-topic-a-eip-eligibility
https://www.irs.gov/coronavirus/second-eip-faqs#Eligibility
One for each EIP.
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