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If my husband owes child support and we file separately will I get my return?

 
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Accepted Solutions
Rachel_W
Expert Alumni

If my husband owes child support and we file separately will I get my return?

Yes, if you file Married Filing Separately, you will get your full refund.  When filing separately, the IRS will not take your refund for your husband's child support. 

However, it is usually more beneficial overall to file Married Filing Jointly and include Form 8379, Injured Spouse Form. You are considered the "Injured Spouse"  because you are not liable for your Husband's child support.

If you file Form 8379 with your Married Filing Joint return, the IRS will only take your Husband's portion of the refund for his child support, not yours.

You can check out this TurboTax Article regarding the Injured Spouse Form by clicking here: Form 8379 Injured Spouse.

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1 Reply
Rachel_W
Expert Alumni

If my husband owes child support and we file separately will I get my return?

Yes, if you file Married Filing Separately, you will get your full refund.  When filing separately, the IRS will not take your refund for your husband's child support. 

However, it is usually more beneficial overall to file Married Filing Jointly and include Form 8379, Injured Spouse Form. You are considered the "Injured Spouse"  because you are not liable for your Husband's child support.

If you file Form 8379 with your Married Filing Joint return, the IRS will only take your Husband's portion of the refund for his child support, not yours.

You can check out this TurboTax Article regarding the Injured Spouse Form by clicking here: Form 8379 Injured Spouse.

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