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EIC qualification

trailblazers
Level 3

Couple file for divorce, however, divorce isn't final as of 12/31/2019. Soon to be ex-wife has a child towards the end of 2019. The main thing is that someone else is the father of the child. Does the couple meet EIC qualification considering the child is fathered by another? 

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3 Comments 3
Camp1040
Level 11

What are the living arrangments?  Who lives where and with whom and for how long?

abctax55
Level 15

I suggest a conflict of interest letter, if you are representing both of them on a joint return considering the circumstances. 

HumanKind... Be Both
trailblazers
Level 3

Thank you