This family situation OK for Dependent and EIC status?

[beck]

Hello. I need help determining if the following situation is OK for claiming dependent and EIC status:

Husband and wife had adult son and wife and her two children from a previous marriage living with them. This year their son moved out and obtained a divorce. The now ex-daughter-in-law and her two children are still living with this couple and are being supported by them. The ex-daughter-in-law did not work all year. Is it OK for this couple to claim their ex-daughter-in-law and her two kids? Their son did not send any support for the family.

Any and all help would be greatly appreciated.

Thanks!

[Kram BergGold]

Dependency yes, EIC no

The ex spouse an d2 children are qualifying relatives of your taxpayer. As non are biologically related to the taxpayers none are qualifying children. As such none qualify taxpayer for EIC. See TTB pages 3-15 and 11-7.

[Larmil]

The ex spouse an d2 children are qualifying relatives of your taxpayer. As non are biologically related to the taxpayers none are qualifying children. As such none qualify taxpayer for EIC. See TTB pages 3-15 and 11-7.

Are not the two children the step-grandchildren of the taxpayer?

[solomon]

Note the various relationships for EIC - including step-grandchildren.

http://ftp.irs.gov/pub/irs-utl/2008_886-h-eic.pdf

[OtisMozzetti]

mothers-in-law may be forever

This year their son moved out and obtained a divorce.

Also, note that step- and -in-law relationships are not ended by death or divorce. For example, if my wife dies or if we get divorced, I can go on treating her mother (my mother-in-law) as my relative.

[Davc]

For example, if my wife dies or if we get divorced, I can go on treating her mother (my mother-in-law) as my relative.

But would you want to?

[Kram BergGold]

I stand corrected

Stepford,
step up
step-child,
Will I ever get these straight?

[beck]

Note the various relationships for EIC - including step-grandchildren.

http://ftp.irs.gov/pub/irs-utl/2008_886-h-eic.pdf

Awesome link! Thanks Solomon!
That clears that up. The kids meet the age and residency test. This message board is great!