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Yes, if you file a joint tax return with your husband and his refund is being seized to pay back child support then the joint refund will be seized.
If you were legally married as of December 31st then you are not eligible to file as head-of-household. You can file as married filing separately which will protect your refund even if his is seized.
If you and your spouse are living together, you do not have the option to file as Head of Household. If you are legally married your filing choices are married filing jointly or married filing separately.
If he owes delinquent child support, you may want to use the injured spouse form on a joint return to protect your part of the refund from seizure by the IRS for the child support.
If you were legally married at the end of 2024 your filing choices are married filing jointly or married filing separately.
Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $29,200 (+ $1550 for each spouse 65 or older) for 2024. You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.
If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.
Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI)
If you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.
INJURED SPOUSE
Note: Using the injured spouse form delays your refund for at least 14 weeks.
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