If you are married and your spouse lived with you at any time during the last 6 months of the year you cannot file as head of household. Your options are married filing jointly (MFJ) and married filing separately (MFS).
Did you list your spouse as your husband or did you list him as a dependent? If you entered him in TurboTax as your spouse and then correctly answered the questions, TurboTax would not have allowed you to file as Head of Household. It would have only allowed you to file as MFS or MFJ. So if this is the situation, then there would be no need to correct your filing status other than to switch from MFJ to MFS if that is what you would choose. Since he has no income, then you can file an Injured Spouse claim. Since all of the money earned was attributed to you, if you do not live in a community property state, you would get the full refund and none of it would be used as an offset for Child Support.
Filing the injured spouse may result in an overall better refund for you since it is generally more advantageous to file jointly due to a higher standard deduction as well as certain credits not available when you file separately.
If however, you live in a community property state, you can still file this form, but the state laws will determine how much of your refund is still garnished for back child support. Switching from MFJ to MFS in a community property state may or may not affect how much of a refund you get back again depending on the state rules.
If you listed your spouse as a dependent in order to file as head of household, then you would need to Amend Your Return and change to either MFS or MFJ.
To determine your filing status look at the top of your 1040 form in the filing status section and see which box is checked. You can also go to your personal info summary page in TurboTax to see what your filing status is.
Married Filing Separately versus Married Filing Jointly
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
