Yes, you may choose to do this. When you file as Married Filing Separately, the Earned Income Credit is disallowed, but not the Child Tax and Additional Child Tax Credit. So, you may in fact choose to file Separately. Your refund will not be offset towards his back Child Support if you personally were not responsible for it.
As you recognize, you may not get quite as many benefits filing separately; however, since he has no taxable income the IRS may not have been very favorable from an Injured Spouse claim. You certainly will get any refund filing separately faster than if you file Injured Spouse. And if filing Injured Spouse will result in a greater benefit, you may still amend the return to claim such later.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
