Married filing separately and child support

Forum|Forum|2 years ago
October 25, 2023
1 reply
13 views

Can I switch my filing status from married filing jointly to married filing separately to protect my spouse’s income from being counted toward AGI for child support? We are located in Maine.

Ask the Experts - Extension - Sept 2023

Gabriella_EA

Level 5

Hello sccbfrederick!

Thanks for joining us for the event today, and for this great question!

While you can't amend your 2022 return to change your filing status from married filing jointly to married filing separately (the due date to make that particular change has passed), you can choose either married filing jointly or married filing separately when you file your 2023 return in a few months (assuming you're still legally married as of 12/31/23).

Keep in mind that married filing separately may result in a larger tax liability for yourself and/or your spouse, but it's best to look at the big picture for your situation and determine which filing status is best for you prior to the April deadline, so you have time to make the choice. Once you've filed jointly and the April deadline passes, you can't go back to change to separately, but you can change from separate to joint after that deadline.

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