quick question on eic

[strongbus]

What is the name of your state (only U.S. law)? Maine

I have learn never to trust my ex on legal stuff so going ask here.

some info 1st

1. ex wife is CP
2. ex is on ssdi but dosn't get get over the amount to files taxs.
3. I don't have the kids enough time to claim the kids for EIC
4. ex has live in BF.
5. ex is saying that she and BF have been told by a tax person that BF can claim both her and kids on his taxies

Trying to find out if this is rigth or not. I don't wana have her trying to get me to sign some form for it and have the IRS comming after me.


note hope this is easy to read and such was in a rush to get out door for a doc apptment early

 

[davew128]

She is saying yes but it don't make an sence to me.

Neither does your post. Next time use complete sentences that make sense.

 

[FlyingRon]

If I can decipher the hideous text-speak used. Strongbus can't qualify for EITC because presumably he makes more than $13,440 and the children don't live with him enough during the year to count as qualfying children to let him use the higher income limits.


The ex, who apparently has the kids enough to count them as qualifying children, doesn't have any income, so she can't qualify for EITC.

The BF won't meet the qualifying child test either just because he's shacking up with them. They need to be stepchildren, adopted children, or foster children and it would appear to be none of these.

If they were to get married, then yes BF could count the children if they were to file jointly. If BF then he meets the income tests (depends on how many children there are) he might qualify.

 

[LdiJ]

If I can decipher the hideous text-speak used. Strongbus can't qualify for EITC because presumably he makes more than $13,440 and the children don't live with him enough during the year to count as qualfying children to let him use the higher income limits.


The ex, who apparently has the kids enough to count them as qualifying children, doesn't have any income, so she can't qualify for EITC.

The BF won't meet the qualifying child test either just because he's shacking up with them. They need to be stepchildren, adopted children, or foster children and it would appear to be none of these.

If they were to get married, then yes BF could count the children if they were to file jointly. If BF then he meets the income tests (depends on how many children there are) he might qualify.

Someone who is cohabing with a parent with children could however claim the dependency exemptions only for the children in certain circumstances. However, that does not include EITC or the Child Tax Credit, therefore its of limited value.

I think that this is one of those cases where dad needs to hightail it to court and get mom ordered to provide him a form 8332.