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so if we file together and this form is filed together they wont take it, I have heard of someone doing this and the IRS still took her refund. she filed with HR Block. how can I make sure this does not happen? also being that he is filing with my stepchildren wont it be better if we do it separate? There will be a total of 6 kids claimed, I figured the return would be more if we filed separate. What would our status be if we choose to file married but separate?