I receive S.S.I. and want to file income taxes to receive the earned income credit for my 2 children. Is this possible? I have sole custody of the children and the father only gets the children every other weekend for visitation which does not equate to 6 months out of the year of them being with him, which is my understanding to be able to claim them on taxes.

What does the Court Order say about this? That will prevail.

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Originally Posted by JudyKayTee

What does the Court Order say about this? That will prevail.

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There is no court order concerning this matter of filing them on income tax. He gets only 1 children every other weekend and does not pay 100% of the child's care and living expenses.

SSI benefits is not income. It this is your only income, you will not get earned income credit.

MukatA is 100% correct.

You must attempt to find some kind of employment, even part time, before you can be eligible for the EIC.

However, SSI probably DOES qualify to get the Recovery Rebate Credit (carryover from the Bush Economic Stimulus Rebate) and the upcoming Obama Economic Stimulus Rebate.