Can we both file as married but separate and as HOH husband has child support coming out of return lived together entire year and split bills both make the same salary

[veronicavaldez61]

we were married May 2016 and had a baby September 2016.  I am letting him claim the new baby and this is his year to claim his two children (ex-wife and him take turns yearly to file and claim children, this is his year to claim) I will claim my 3 children. we split all bills throughout the year. can we both file married separate but as HOH? he will have part of refund taken for child support. we both made approximately the same amount money for the year.

[SweetieJean]

Neither of you can claim HOH since you live together.

File Joint with an Injured Spouse form.

[Hal_Al]

If you are filing separately because the IRS or child support agency has a claim on 1 of your refunds, there's a way to keep the IRS from taking your refund to satisfy his debt..
You can file jointly and file an Injured Spouse Allocation Form 8379 with your return. To access that in TurboTax, type> form 8379, injured spouse <in the find (search) box. Then click find. Then click on Jump to…. You will be taken to questions about Innocent Spouse and Injured Spouse. Do not check anything on Innocent Spouse (that comes up first) and check the information on Injured Spouse.

[veronicavaldez61]

so if we file together and this form is filed together they wont take it, I have heard of someone doing this and the IRS still took her refund. she filed with HR Block. how can I make sure this does not happen? also being that he is filing with my stepchildren wont it be better if we do it separate? There will be a total of 6 kids claimed, I figured the return would be more if we filed separate. What would our status be if we choose to file married but separate?

[SweetieJean]

They can still take part or all of the refund, especially if you live in a Community Property State.
"I figured the return would be more if we filed separate." That is very rarely the case.

[SweetieJean]

Which state do you live in?  Here is a good set of info:

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

[veronicavaldez61]

we live in Michigan,

[veronicavaldez61]

if I file the injured spouse form the IRS can still take part of the refund?

[bluedeb]

Yes, part of your joint refund will be taken for the child support.  

Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.  If you include the Injured Spouse Form with your return it can take the IRS 11 to 14 weeks to process your return

[veronicavaldez61]

i'm confused, then what is the point of filing the form 8379 if they still take it?  To try and get it back do you have to file something after you receive your taxes?  This is confusing I appreciate everyone's responses.

[bluedeb]

The injured spouse form protects your part of the joint refund.  If you include the injured spouse form, the whole refund will not be taken on your joint return.  If you file a joint return and do not include the injured spouse form, the whole refund can be taken.

[bluedeb]

For more information, see the following

<a rel="nofollow" target="_blank" href="https://www.irs.gov/uac/form-8379-injured-spouse-allocation">https://www.irs.gov/uac/form-8379-injur...>

[SweetieJean]

Bluedeb is correct. Otherwise, the entire refund will be seized.

[veronicavaldez61]

OMG!  Ok so if we file separately, what how is the status supposed to be?

[bluedeb]

If you file as Married Filing Separate, your refund will not be taken for his back child support.  His refund will be taken for the back debt.  Although, with Married Filing Separate you will usually pay more tax on a separate return, the standard deduction is half of what a joint return is, you cannot take all the credits you may qualify for, for ex.  You cannot take the earned income credit or the education credits, and some deductions and credits are reduced at income levels that are half those for a joint return, for ex. Child Tax Credit.