Injured spouse and child tax credits

[sy1phidscribb1es]

I'm in Texas. I have 4 kids, 2 from a previous marriage and 2 from my current marriage. My husband has debts that are offset. For 2024 tax season, I made the most income. We filed jointly, claimed the kids, and I filed injured spouse. I received all the refundable credits for the kids and about half our combined eitc. 

For 2025 tax season, I'm likely to have no income and my husband is making enough to qualify for the refundable child credits. If I file injured spouse, being in a community property state, would I be entitled to the child tax refund portion? All of it, or half of it? Or possibly all of the portion for the 2 kids from my last marriage and half from the 2 from my current marriage? Also, would I be entitled to half the eitc, or would that be all his?

[Bsch4477 · Accepted solution]

The IRS will not differentiate between your children and your joint biological children. The IRS will apportion part of the refundable credits to you.