Am I eligible for IT-209 Claim for Noncustodial Parent New York State Earned Income Credit if I meet all requirements but my married/joint AGI is above the cutoff?

[Sugaree59]

my AGI for last year was below $49,084 (the cutoff for 2024 to qualify) but with my spouse (remarried, not related to the child and their custodial parent claiming them as dependent) we were above it. Also there's a question: '8. Is your federal filing status Married filing separately and do you meet the requirements to be considered unmarried for the purposes of the earned income credit? '

[MaryK4]

No, you would not be able to claim the New York Earned Income Credit if you file a Married joint New York return.  The considered unmarried questions requires that you lived separate from your spouse for the last six months of 2024.