Can i file Injured Spouse form if spouse doesn't have any income this year?

[glam89x]

I am married and the only one with income this year. My husband owes federal debts but hasn't worked the last couples of years to file a return. He tells me he has never received a refund when he was employed because it all gets taken away for past debts. He incurred these debts before we were married. Can i still file the injured spouse form even if he has no income? I don't want to be held responsible for his debts since i have a child from a previous relationship that i am claiming on my return. 

[DoninGA · Accepted solution]

If you are going to be filing your 2017 tax return as Married Filing Jointly then you will need to include the Injured Spouse Form 8379 with your tax return so any tax refund that you receive will not be seized by the IRS.

To complete a Form 8379 -

• Click on Federal Taxes (Personal using Home and Business)
• Click on Other Tax Situations
• Scroll down to Other Tax Forms
• On Miscellaneous Tax Forms, click the start or update button
• On Report an innocent or injured spouse claim, click the start or update button

Or enter injured spouse  in the Search box located in the upper right of the program screen.  Click on Jump to injured spouse