@pmeyer84 wrote:
If I file as the injured spouse, am I guaranteed to get my portion of the tax return? She has very little income, and a lot of debt. I'm just trying to ensure that our entire federal return doesn't get eaten up again this year.
It depends. If you live in a community property state then the refund is community property and you cannot protect that part. On the other hand, filing separately in a community property state requires income allocation that can be even worse, pulse you loose most of the child credits.
The best way to handle this in the future is to adjust your tax withholding so that you owe a small amount at the end of the year rather than get any refund - then you have a larger paycheck all year rather then give the government a tax free loan to get a refund.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
