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posted Feb 20, 2023 4:12:33 AM

My husband owes back child support

I have been filling my taxes with my spouse for 12 years now. My husband is a disabled veteran and only receives social security disability benefits but still owed back child support. Every year I have to place an injured spouse form on record to protect my taxes from being intercepted and have to wait for 4 sometimes 6 months for my taxes. We do not itemize. Does it make sense for me to file married filing separately as he would not file at all for himself as he does not work and never has throughout our marriage 

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1 Replies
Level 15
Feb 20, 2023 4:28:02 AM

Filing separately has it's own drawbacks like not being able to claim many refundable credits and you would lose the MFJ filing status with it's better tax rate.   Your options are :

 

1) continue to file jointly with the injured spouse form

2) file separately  and once you get the original refund file an  amended return to switch  to file jointly w/ the injured spouse included

3) you BOTH file separately ... if you live together he must also file a return and  his SS benefits reported on the 1099-SSA are 85% taxable so he may possibly owe on his return

 

Next  plan better for the future ... stop having refunds if you can.  Adjust your withholdings accordingly. If some of your refund comes from refundable credits then this will not be possible until the kids age out.