turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

Motherof4
New Member

Can I still file injured spouse and claim 2 of our 4 dependents, if I had no income, so our entire tax return isn't taken for the back child support that my husband owes?

 
Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Reply
MargaretL
Expert Alumni

Can I still file injured spouse and claim 2 of our 4 dependents, if I had no income, so our entire tax return isn't taken for the back child support that my husband owes?

Since you have no income to report, filing Injured Spouse will make no difference for you at this point.  The Injured Spouse divides your portion of income/withholding/dependents from your husband's.  Since there's nothing to divide, you can file as usual.

In general, if you are reporting your own income and are filing as Married Filing Jointly, you can file Injured Spouse and it is your choice how many dependents you'll claim and how many will be allocated to your husband.  TurboTax will ask you for that allocation when going through the Injured Spouse interview. Once completed, only his portion of refund will be applied to his unpaid child support based on his income, dependents and withholdings. 

If you file Form 8379 with your original return, it may take 11 weeks to process an electronically-filed return or 14 weeks if you filed a paper return. If you file the Form 8379 by itself after a joint return has been processed, then processing will take about 8 weeks. To avoid delays, be sure to follow the Form’s instructions.

I am enclosing a link to the form 8379 and its instructions.

http://www.irs.gov/pub/irs-pdf/i8379.pdf

http://www.irs.gov/pub/irs-pdf/f8379.pdf

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies