I need to file married filing separate because my husband and I were separated all year in 2016 and he owes back child support and back taxes and I don't want the irs to

[MaryK1 · Accepted solution]

It is possible to file jointly with your husband- if you file a Form 8379 with your tax return, you will be able to protect your refund and not lose any benefits of filing jointly.  In Turbo Tax, look for Injure Spouse allocation under Other Tax Situations, or type 8379 in the search box, and it will allow you to "Jump To" the section to fill out and file with your return.  For more information, see https://www.irs.gov/taxtopics/tc203.html 

[cfancher82]

I wanna get my refund back in 7 to 21 days and rather not file with him since we were not together. what are my other options? I have filed a injured spouse before and I rather not.

[MaryK1]

You will have to file Married Filing Separately- this will get you the refund the fastest and protect your refund.

[cfancher82]

ok when I put I'm married and it ask if it is a separate return it still ask for his info and in the summary it changes to head of household. Shouldn't it say married filing separate?

[MaryK1]

No, sorry- if you qualify for Head of Household (because you have someone else that you are supporting) that is even better tax- wise so that will get you more refund AND keep the IRS from applying it to his debt.

[cfancher82]

so just assure me that even though it says head of household and I am still filing separate correct? and also is there a way to get my refund in a rapid refund?

[MaryK1]

Correct, the IRS CANNOT touch your refund with Head of Household, and since you are not filing the Injured Spouse the refund will be faster.