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xxjustinx69
New Member

Wife owes back child support so MARRIED FILING SEPARATE. She has no income, should I claim her as a dependent or will they take my return to pay her dues?

 
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Accepted Solutions
MichaelL1
Level 15

Wife owes back child support so MARRIED FILING SEPARATE. She has no income, should I claim her as a dependent or will they take my return to pay her dues?

Your wife cannot be your dependent.  

The IRS makes it clear that you cannot claim your spouse as a dependent on your tax return in Publication 1 exemptions, standard deduction and Filing information. 

It says, "Your spouse is never considered your dependent." 

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4 Replies
MichaelL1
Level 15

Wife owes back child support so MARRIED FILING SEPARATE. She has no income, should I claim her as a dependent or will they take my return to pay her dues?

Your wife cannot be your dependent.  

The IRS makes it clear that you cannot claim your spouse as a dependent on your tax return in Publication 1 exemptions, standard deduction and Filing information. 

It says, "Your spouse is never considered your dependent." 

View solution in original post

xxjustinx69
New Member

Wife owes back child support so MARRIED FILING SEPARATE. She has no income, should I claim her as a dependent or will they take my return to pay her dues?

I’m sorry I am mistaken, it’s a “personal exemption” that I’m not sure about. It says something along the lines of:
do any of these apply
Spouse has no income
Spouse won’t file a tax return
Spouse can not be claimed by anyone

So my question is, if I select the 3 options above and claim her as a “personal exemption” will they take my refund to pay her back child support?
MichaelL1
Level 15

Wife owes back child support so MARRIED FILING SEPARATE. She has no income, should I claim her as a dependent or will they take my return to pay her dues?

That is same as a dependent (personal exemption) as they are used interchangeably.   Can't claim her, so 2nd part of question is mute (but if you had a dependent or personal exemption that owed money it is NOT offset only the primary filers on the return.
xxjustinx69
New Member

Wife owes back child support so MARRIED FILING SEPARATE. She has no income, should I claim her as a dependent or will they take my return to pay her dues?

Ok. Thank you so much for your time @TurboTaxMichaelL1
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