Married filing separately because of child support. Can someone else claim our child?

[lindsaybshp]

My husband and I are recently married. Previously bad relationship has him in arrears with child support. So we are going to file separately for next year. I understand if we are married my tax refund go to his debt.and that. Can I have a spouse claim our child? Even though we are married? Or can I file as an injured spouse? So my refund isn’t seized? 

[Carl]

For a married couple to file separately is the most costly and expensive way to file tax-wise, regardless of whatever the reason may be. You both automatically disqualify yourselves for credits and deductions you would otherwise receive if you filed joint. So you need to file joint, and then you can include the injured spouse form with your tax return. That form is included with the TurboTax program under the Other Tax Situations tab.

"Can someone else claim our child? "

***OUR*** child? Or ***HIS*** child from another woman I would assume is the one he owes child support to? Who are the parents of *OUR* child?

[lindsaybshp]

She is our child

[SweetieJean]

You can file Joint with an Injured Spouse form. Are you in a Community Property State?

[Carl]

Only the legal biological parent's of a child can claim them on their joint tax return unless certain specific conditions are *not* met. But for your 2018 taxes, there are no dependent exemptions anyway. But you will "claim" the child for other tax deductions and credits, such as the earned income credit if you qualify for that credit.

[lindsaybshp]

Okay Thank you guys so much for the help!!