Married filing separately wife however made no money last year.

[turbojaketax36]

I got married to my wife early this tax year.
She owes some back child support but didnt work at all last year.   
I was told filing separately was the way to go,  however since she didnt work i could claim her exemption.
But now i cant efile.   Should i suck it up and mail it in?  or should i file jointly?  will her ex be able to get the money from from.

[SeanE1 · Accepted solution]

In your question you say that you were married earlier this tax year and your wife had no income last year.  I am assuming that you mean 2016 for both. You can file married filing separately and claim your wife as an exemption as long as no one else can claim her as a dependent, she made no income in 2016 and will not be filing her own tax return. Since she owes back child support, I would stay away from filing MFJ. The fact that you are filing this way should not prevent you from e-filing.  However, if you continue to have a problem e-filing, call us with any error message you get when trying to e-file and we will see if we can help you.  As you know, you can always print, sign, date and mail your return.

[Carl]

For a married couple to file separate is always the most costly way to file tax-wise. You both automatically disqualify yourselves for deductions and credits you may otherwise get if you file joint. So file joint. Then you can also include IRS Form 8379 - Injured Spouse Allocation. (https://www.irs.gov/pub/irs-pdf/f8379.pdf)

If you live in a community property state, then regardless of weather your spouse worked or not, some of any refund you are due will be applied to the debt. But if you don 't file the 8379, then all of it may be applied to the debt.