Married Filing Jointly (MFJ) is the only way you can get the EIC*. The EIC is automatically denied to anyone filing as Married Filing Separately (MFS). Now that you are legally married, you are no longer allowed to file Single or Head of Household (HoH). MFJ or MFS are your only choices.
But, there also is no such thing as "court ordered EIC". The EIC goes to the parent the child lives with (the one with physical custody) regardless of which parent is claiming the child's exemption (dependency). If you are not the custodial parent (the
IRS goes by physical custody, not legal custody) and have been claiming EIC, you have been filing erroneous returns. I repeat: NO COURT HAS THE AUTHORITY TO GIVE YOU EIC .
*But, your joint income, on a MFJ return, may be too high to get the EIC. Tax wise, getting married may have been the wrong decision. Even without EIC, MFJ is almost always the best way to file.
