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Do I qualify for earned income credit 2009?
I am not married, but I have a daughter born in December of 2009. Me and the mother are together, but we do not live together yet. I don't believe I can claim her as a dependent because my fiance's mother and father have adopted our daughter temporarily (because of insurance issues). So I'm wondering if I can still claim my daughter for "EIC/Child Care Credit Only".
The description of "EIC/Child Care Credit Only" is:
If you are unable to claim your child as a dependent on your tax return, but you could potentially claim your child for the Earned Income Credit or Child Care Credit, then select EIC/Child Care Credit Only as the Type of Dependent.
Thank you so much in advance!!
Sorry, I meant to put temporary guardianship. It lasts for 12 months...
6 Answers
- StephenWeinsteinLv 71 decade agoFavorite Answer
1. There is no such thing as temporary adoption. For there to be a legally valid adoption, the parental rights of the original parents have to be permanently terminated. You should discuss this with a lawyer immediately. If they filed bogus paperwork saying that they where in the process of adopting the child, with no intention of completing the process, then they may be guilty of insurance fraud. If they actually did adopt the child, then you are no longer the parent and will never again be the parent unless you adopt the child.
2. The "credit only" option applies when one parent is claiming the child as a dependent and the other parent is claiming the credit. If the child has been adopted, then you are no longer the parent. If the child has not been adopted, then they are not the child's parents. Either way, this option does not apply.
3. It says to select that only if you could claim the child for those credits. For those credits, you can claim only a child that lived with you. I am guessing that the child lived with either the mother or her parents, not you, so you cannot claim the child for those credits.
- Anonymous1 decade ago
You do not qualify. You did not live with the child so you were NOT the custodial parent.
Since the child lives with the mother and her parent's, only one of them can claim the child. The parents apparently can claim your girlfriend as a dependent, so she's not eligible either. Her parent's will claim her and the baby.
As for legal custody or guardianship, that's not the same thing as adopting. It's similar, but not the same. By having custody of a RELATIVE, the grandparents can claim the baby on their return and on their insurance.
- blairLv 45 years ago
sure, you would be eligible. the quantity of the credit relies upon upon how plenty you're making for the year. With in basic terms a factor time activity for a pair months, it is going to never be plenty, yet could be $200-3 hundred.
- ibu guruLv 71 decade ago
If the child was adopted, legally she is no longer your child. You cannot claim diddly.
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- 1 decade ago
NOPE The child has to have lived with you for at least 6 months in 2009.SORRY!!!!
