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Fiscal Tax Forums / Income Tax Filing Help / Earned Income Credit (EIC) Help / If zero income
Posted:  14 Feb 2009 03:42

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If I received only child support, which I know is non-taxable, can I claim EIC or do I have to file "married filing joint" with my estranged husband?
Posted:  14 Feb 2009 14:36

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You cannot receive earned income credit unless you have actual "earned income".  Child support is not earned income nor is it even taxable income.

You can file a joint tax return with your estranged husband if it would be in your best interest to do so, and if you trust your estranged ex in terms of the accuracy of what he would report on his return, and if he would fairly share any refund with you.

However, under the tax code, you would never be required to file a joint return with him. (and should not if you don't trust his accuracy)  A state code judge in a divorce process however, might order you to file a joint return.
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