After spending an hour with customer service they seem to have no idea and eventually claimed it was because it has to be claimed by the "lower income earner". Unfortunately, this was an excuse to cover up for crappy software, I've checked the regulations and it can be claimed by either spouse, or split evenly completely independent of income status. Still not fixed with the latest update. Last year I go with TurboTax.

Well... figured it out for myself. No thanks to Intuit.

In case anyone is having the same issue... Go into forms and select "Dependant" for the spouse it is incorrectly assigning the credits to. Scroll down to "Back-to-school" at the end and check the box on the right hand side for each child whom you want to have claimed by the other spouse. Worked for me. 🙂

I had already done that and it still wasn't working.  I had to go into DepWS and mark off the box on my return to force it to claim it on my husbands like I had already told it to do in the Dependants information dialog box.