How do we calculate the eic if my husband is the injured spouse and we claim 3 kids?

[SweetieJean]

Are you in a Community Property State?

[kristenbailey16]

I'm not sure we are in Texas.

[Coleen3]

Do not calculate the EIC. IRS instructions are below.

Line 17. 

Allocate any child tax credit, child and dependent care credit, and additional child tax credit to the spouse who would have claimed the qualifying child as a dependent if separate returns had been filed. For tax years prior to 2018, these credits should be allocated to the spouse who was allocated the qualifying child's exemption on line 16. Don't include any earned income credit here; the IRS will allocate it based on each spouse's income. Allocate business credits based on each spouse's interest in the business. Allocate any other credits as you determine.

[Coleen3]

How can my answer be more helpful.

[kristenbailey16]

I'm not sure?? This whole situation is confusing. And the tax preparer we saw couldn't really give me any answers besides how much it was going to cost to file our taxes. We both claimed 0 throughout the yr on our w2 so they would take more taxes out and we would get a bigger return when we filed. My oldest child is not biologically his the 2 others are and usually. This would be the first yr we would be filing a joint tax return so not sure of previous yrs would matter in this case.  Was just trying to see if he would be penalized for my previous debt prior to us being in a common law marriage.