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?
i'm in same situation, we have 3 kids together. how do i keep our childrens earned income tax credit?
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
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation">https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation</a>
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?
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.
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>?
You cannot get EIC when you file as married filing separately.
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?
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!
@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.
Under state community property laws, 50% of a joint overpayment (except the earned income credit) is applied to non-federal tax debts such as child or spousal support, student loans, state unemployment compensation debts, or state income tax.
What exactly does this mean?
@friedathomas I am wondering the same thing can't find any information on that.
I am in this situation, did anyone figure out the best way to do this?
When you are married and have a child, it is usually better to file "married filing jointly." This is because some tax credits are not available when you file "married filing separately." Two credits that are not available when you file as "married filing separate" are the Earned Income Tax Credit and the Child and Dependent Care Credit. Depending on your tax situation, there may be additional tax credits available to you.
If your spouse owes child support, filing the injured spouse form will generally allow you to get at least your portion of the refund. Please see this TurboTax Article for more information.
Please follow these steps to complete the injured spouse form:
Please see this TurboTax Help Article for instructions.
What about my child’s tax credit will I get this on mine?
Normally, you should file married-joint. This is especially true if you get an earned income credit, because you are't allowed that if you file married-separate.
You can claim the child as yours for injured spouse purposes.You will be asked who wants to claim the child in TurboTax when you go through the injured spouse section in the program.