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Kfam
New Member

Should I file as married filing jointly or separately when my spouse owes back child support.

My spouse owes back child support. If we file married jointly and I fill out the form for injured spouse, can they take my children's tax credit. We have 3 children, 2 are solely mine, and 1 is from our marriage together. If we file jointly, are they able to garnish the child tax credit for my children? Please help. I know that I can file for injured spouse but, I have been told that they will still take the tax credit for my children. But if I file separately then I will only get half of the child tax credit. Please help.

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Should I file as married filing jointly or separately when my spouse owes back child support.

You have not mentioned whether you are in a community property state.  It is always more complicated if you are.    But if you file injured spouse, you get the part of the refund that can be attributed to YOUR earnings.   It is not about which child(ren) you are getting CTC for if all of them are under the age of 17.   If you file married filing separately, you are not eligible at all for earned income credit, and you will have a lower income amount to use when the additional child tax credit is calculated.

 

 

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

 

To use Form 8379 to report Injured Spouse:  Go to

Federal>Other Tax Situations>Other Tax Forms

On Miscellaneous tax forms, click start or update for Report an Innocent or Injured Spouse

 

If you were legally married at the end of 2023 your filing choices are married filing jointly or married filing separately.

 

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $27,700 (+$1500 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.

 

 Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

 

 

  The maximum amount of the child tax credit is now $2000 per child; the refundable “additional child tax credit” amount is $1600.   In order to get that credit, you have to have income from working.  The credit is calculated based on the amount you earned above $2500 multiplied by 15%, up to the full $1600 per child. If the amount you earned was too low, you will not get the full $1600.

 

 If your child is older than 16 at the end of 2023, you do not get the CTC.  But you may still get the non-refundable $500 credit for other dependents instead.

 

 

https://ttlc.intuit.com/questions/1900923-what-is-the-child-tax-credit

 

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/additional-child-tax-credit/L6x...

https://www.irs.gov/help/ita/does-my-childdependent-qualify-for-the-child-tax-credit-or-the-credit-f...

 

 

 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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