Due dilligence question

[Tax Prep by Deb]

Okay, I have a question and not sure how to proceed.  I have a couple who have two children together and they and the children lived together and they totally supported their children.  Their income is to high for EIC but with the new due diligence for CTC I have to answer the due diligence questions and everything would be straight forward, however the husband has another child from a previous relationship for which he supports but the child does not live with him.  The custodial parent has issued the form 8823 for 2016 allowing him to claim the child, but when I go to answer the question about the children living with him, two do and one doesn't, how would you answer?

[Roberts]

I believe the CTC requires the child to live with the parent more than 6 months of the year. They technically don't qualify if they didn't live with the parent attempting to claim it.

[RitaB]

1 hour ago, Tax Prep by Deb said:

The custodial parent has issued the form 8823 for 2016 allowing him to claim the child, but when I go to answer the question about the children living with him, two do and one doesn't, how would you answer?

It was back in February when I had something similar, and if I recall, in the section for the documents you relied upon, I said something smart like, "For the child living with this taxpayer, I have thus and so, and for the other child, the taxpayer has form 8332."  It is impossible, and I bet next year we have to complete an 8867 for every child or the form will change. 

[Pacun]

The rules are different for divorce parents and when 8823 is involved. Enter 12 as the months lived with him and he will be entitled to the Child Tax Credit, but no EIC even if he otherwise qualifies.