Child Support, Injured Spouse, and a Dependent

[forvr_yng]

My husband owes child support, and I usually file injured spouse to keep my refund. We had a baby this year, how do I file to claim her as a dependent and keep the most refund possible? Married filing joint or separate?

[SweetieJean]

Continue to file Married Joint with Injured Spouse.

[nmv1983]

i'm in same situation, we have 3 kids together.  how do i keep our childrens earned income tax credit?

[xmasbaby0]

If you have income of your own--then you may be able to file as injured spouse to keep some of the refund.  If you did not have your own income then injured spouse does not help.
 INJURED SPOUSE
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[nmv1983]

i work fulltime

[xmasbaby0]

Read the link on filing as injured spouse.

[nmv1983]

im reading it but what i need to know is if we both work and file jointly do we get to keep the money we get in tax credits for the OUR kids?

[xmasbaby0]

No.  If your spouse owes delinquent child support your refund can be seized for the child support.  The iRS does not care if the EIC is based on the children you have together.

[nmv1983]

so your saying the irs can take my childrens money for kids that are not mine???? when the other kids mothers are receiving that credit when they file>?

[xmasbaby0]

That is correct.

[nmv1983]

what if i file separatly?

[xmasbaby0]

You cannot get EIC when you file as married filing separately.

[brianj2525]

I was told today by one of the tax experts that if I filed jointly with injured spouse that they could NOT take the credit for the child that my wife and I have together and  give it to her ex husband for the child support she owes him for their child. (my step daughter)  Was I told wrong?

[hevans292016]

I don’t think xmasbaby0 is correct. On the form you can allot the credits to the injured spouse instead of to the one owing a debt, I believe. Did you find your solution?? I am in the same boat. Haven’t filed for being torn about possibly filing separately!

[xmasbaby0]

@hevans292016 The question was whether nmv1983 could get EIC if she filed a separate return.  The IRS rule is you cannot get EIC if you file as married filing separately.