Husband & I are filing joint return with 4 kids and he has past-due child support. How many exemptions should I put for my husband on injured spouse form...1 or 2?

I am filling out the injured spouse form and I make more money than my husband. we have 4 kids so 6 dependants. I am not sure if it is best to say that my husband has 2 exemptions (him and one child) or if I should just put 1 exemption for him which would mean I claim all 4 kids.

Answer

The IRS Instructions for the Injured Spouse Form 8379 state that you should allocate the exemptions based on who would have claimed them if you and your husband filed separate tax returns.  

If you feel that you provided over half the support for you and the 4 children, then you should allocate 5 Exemptions to Yourself and 1 Exemption to your Husband.  If you think it is more reasonable that he supported himself and 1 Child, then you can allocate 4 Exemptions to Yourself and 2 Exemptions to your Husband.  It is totally up to you how you split up the exemptions; luckily, there is really no "right" or "wrong" way to do it.

You can review the IRS Instructions by clicking here: Instructions for Form 8379.

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