If I claim injured spouse will I get all of my child credit for my children? Does injured spouse protect my child credit also??

Forum|Forum|7 years ago
June 6, 2019
1 reply
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We are filing jointly but I filed injured spouse,will I receive all of my children’s child credit if I file injured spouse or does a portion of it go to my husband? He has back child support. I am main household provider, and pay taxes. My husband is self employed.

Benefit Assist Online

RachelW33

Alumni - Expert

The IRS does not publish information regarding exactly how they make the final determination of how much of a refund is allocated to an Injured Spouse. The IRS has a formula they use to determine the refund based on your Form 8379 allocation of income, expenses, deductions, and credits between you and your spouse.

In your situation, since you are the main household provider, you should allocate all of the dependents to yourself (Injured Spouse) so that you get the highest allocation of the refund.

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