JotikaT2
Employee Tax Expert

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As answered by Hal_Al, as long as the child live with either you or your spouse for at least six months, and you meet all of the other requirements, you would qualify.  Tax returns are prepared based upon your marital status as of December 31st of each year.  Since you were married at the end of the year, and you are filing your tax return jointly with your spouse, this requirement has been met.

 

Please see why don't I qualify for EIC for reasons where you would not qualify as well as what are the qualifications for the Earned Income Credit (EIC or EITC) to see the specific requirements to help you determine if you do qualify.

 

@Fasi 

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