My new husband wants to file MFS, but I have a court ordered EIC from a previous relationship. How do I get my EIC regardless of my husband's stupid choice?

[ap-whitaker]

I will not lose the EIC for a child I had from a previous relationship because my "husband" who isn't the father has no right to take from me or my child doesn't want to file jointly. There is no legal reason to either, neither of us owe anything.

[Hal_Al · Accepted solution]

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.

[Hal_Al]

Above answer was edited to point out that  on a MFJ return, it's possible that your joint income is too high to get the EIC.

[ap-whitaker]

It is court appointed, actually, since the judge put into the permanent parenting plan that only I can claim my child, not the father. That's what I meant. And no, it isn't too high, he is just being an idiot because there is a hang up on my end for maybe two more weeks and he wants his money.

[Hal_Al]

After he has filed as MFS, by himself, and gotten "his money", he can file an amended return to change the status to MFJ and include you and your income and your EIC. You may want to file for an extension, just so you don't have to file  twice.

[Bluexeyes1025]

Stop marrying pos men. There solved your problem. Any decent husband would be helping you file, not just caring about his money. Get out while you can. Seriously, he sounds selfish af.