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Level 1
October 21, 2025
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Married filing separately child support

  • October 21, 2025
  • 1 reply
  • 61 views

If I get married to my spouse and he has back time child support owed if I file married filing separately will I be affected? Will my taxes be taken away?

    Best answer by Opus 17

    Expert Reviewed

    If you file MFS, your finances are separate and your refund will not be affected by his debts before the marriage.  Alternately, you could file jointly but include an "injured spouse allocation" form.  This is a request to the IRS to consider your refund separately from his debts.  Joint filing usually results in lower overall taxes because some credits and other tax benefits are reduced or denied when filing separately, but there is no guarantee the IRS will honor the injured spouse request or how they will assign the refund.  The IRS won't change your return if you file MFS but you may owe more tax.

    1 reply

    Opus 17Level 15Answer
    Level 15
    October 21, 2025

    Expert Reviewed

    If you file MFS, your finances are separate and your refund will not be affected by his debts before the marriage.  Alternately, you could file jointly but include an "injured spouse allocation" form.  This is a request to the IRS to consider your refund separately from his debts.  Joint filing usually results in lower overall taxes because some credits and other tax benefits are reduced or denied when filing separately, but there is no guarantee the IRS will honor the injured spouse request or how they will assign the refund.  The IRS won't change your return if you file MFS but you may owe more tax.