@alaraeh wrote:
Thanks but we have 4 children. Why would the government not think about MY children? Very frustrating and next year I’m no longer filing joint. I’m going back to Head of Household. This is not fair to me and my children.
You have always had the option of filing as married filing separately and claiming your children on your return. You chose to file jointly, I assume, because joint filing results in lower overall taxes and because some deductions and credits are disallowed or reduced when filing separately. It's also possible for a clever person to arrange their finances so they owe a small tax bill instead of getting a refund, that way you get all your money in your paycheck and there's nothing to take at the end of the year.
You can't file as head of household unless you lived apart from your spouse (physically separated, not sharing the same home) for the last 6 months of the tax year, from July 1 to December 31. If you file HOH when not qualified, and get caught, you will be made to pay back any excess refund or credits, with interest and penalties, and possibly an additional 25% penalty for intentionally filing a false return.
Your spouse has an obligation to support both his families. If he is behind on court-ordered child support, yes the government makes that a priority. Presumably he is supporting his second family with the rest of his income not taken by the IRS.
