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atolber9596
New Member

Husband owes student loans that are delinquent. I want to file separately from him. We have a baby, why can't I claim child tax credit if we file separately?

Okay my husband owes student loans that he made before we got married. We filed together last year and they took all my money along with his. I would like to file separately this year so I can get the child tax credit for our 8 month old son. I did work in 2017 but it's saying I have no refund for this year. Also I read that if I'm married filing separately, I probably wouldn't be able to do the child tax credit. Why? We moved to Tennessee from Texas October 31st of 2017. Would that be some of the reason? Please help. 

1 Reply
KrisD
Intuit Alumni

Husband owes student loans that are delinquent. I want to file separately from him. We have a baby, why can't I claim child tax credit if we file separately?

You lose the availability to apply for certain credits when you file Married Filing Separately (MFS). You  do have the option of filing an injured spouse form 8379 (see answer below) and filing Married filing Jointly (MFJ) which may allow you to get the credits and your portion of a tax refund. 

https://ttlc.intuit.com/replies/3288477

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