New York State Non-Custodial Parent Earned Income Credit (NYS NCP EIC)

Are you working and paying child support? Want to pay less tax and even get money back from the government?

Quick Facts

What is it?

New York State now offers the Earned Income Credit (EIC) for non-custodial parents who are paying child support. Fathers who previously may not have qualified for the EIC because they did not live with their child/children can now benefit from the expanded EIC.

What do I get?

You can get cash back from the government as part of your yearly tax return. Be advised: If you have missed payments for previous years’ child support, your tax refund will go directly to pay child support.

The EITC is fully refundable, which means that you can get more money back from the government than you actually paid in taxes throughout the year. For example, let's say you qualify for a credit of $200; even if you owe less than $200 in taxes, you can still get the full $200 refunded to you.

For information about other Fatherhood programs, contact a community organization near you: Workforce 1 Career Center (Harlem), Citizens Advice Bureau (Bronx), Northern Manhattan Improvement Corporation (Washington Heights), St. Nicholas Neighborhood Preservation Corporation (Brooklyn).

Am I eligible for the NYS NCP EIC?

You must meet all eligibility criteria for the Federal Earned Income Credit, in addition to the following eligibility rules:

  • Must have a child support order in place payable through a New York State collection unit (i.e. cannot be an informal payment agreement with custodial parent)
  • Child support order must be in effect for at least half of the tax year
  • Must have paid 100% of all child support due for the tax year (if you have not paid for previous years, your refund will go directly towards those payments)

You may be able to receive the Federal Earned Income Tax Credit in addition to the NYS NCP EIC. You must file as Single or Married Filing Jointly on your Federal return and have an income of less than $12,120 (if Single) or $14,120 (if Married)

Even if you are paying child support for multiple children, you can only receive the NYS NCP EIC for one qualifying child.

How do I apply for the NYS NCP EIC?

You claim this and other tax credits when you file your federal income tax return. There are places where you can get free tax preparation assistance and help applying for tax credits. Click here for free help filing your tax returns and claiming your tax credits. To claim any tax credit, you will need to know exactly how much credit you should get back. Free tax preparation assistance sites can help you figure out how much money you should get back in tax credits for the year.

What do I Need to Bring?

To apply for this benefit, you will need:

  • Valid picture ID
  • Proof of social security or a record of the correct social security number(s) or Individual Tax Identification Number (ITIN) cards for yourself and your spouse (if you have a spouse) and any dependents you are including in your tax form
  • List of the correct birthdates for each person in your household
  • All W-2s, 1099s, and proof of other income (if any) for you and your spouse
  • A copy of last year's tax return (if available)

The Needed Documents section lists all the forms and documents you can use to prove your household's income, resources, where you live, your social security number, your citizenship or immigration status, etc.

If you believe you were wrongfully denied the credit, you can contact the NYS Child Support Helpline at (888) 208-4485. They will mail you a “Request for Review” form that you can fill out and send back to them. It may take up to 45 days to receive the results of the review.