First time filing injured spouse - please help

[thar01]

My husband and I were married in July of 2017 - he owes several thousand in back pay for child support.  I have 2 children from a previous marriage so would I get more back filing separate or joint with injured spouse?  I know that you don't get certain credits such as EIC when you file separate.  I am just so scared the IRS will take my entire refund.  We should get back $6000 filing joint but separate I would only get back $2000.  Does anyone know how the IRS splits the refund if injured spouse is accepted?

[xmasbaby0]

Are you a community property state?  ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

[thar01]

No I am not - I am in GA

[DianeW]

Included below is information regarding the injured spouse. You can include this form with your return if you haven't filed yet.  You definitely want to file jointly.

The amount you will get back is based on dependents, as well as the amount of income each of you have on the tax return.  Enter all the children under you, the injured spouse and give only one to the spouse with the debt.

• In the search box in the upper right type injured spouse > jump to injured spouse
• Continue through the first few questions past the innocent spouse > complete the answers to the injured spouse.
• Click the screenshots attached to enlarge and view for assistance.

After a return as been accepted by e-file this form must be mailed.  You have plenty of time.

Reminders and Tips:  

1. Select the correct person as the injured spouse (the one without any debt)
2. If the injured spouse is the only one with income all of the refund will be released after IRS review of the Form 8379.  
3. If you are not in a community property state, and both of you have income, you can divide exemptions up any way you see fit. It is possible the IRS may make some adjustments based on the income levels for each of you.  Let them do that when they receive it. 
4.  If you do live in a community property state, community income would be split equally between the two spouses.  With respect to deductions, the deductions would be split depending on whether the expenses related to community income or separate income.
5. The standard deduction must be split between you so you can't change that part.  For itemized deductions you can put those under the injured spouse.  
6. Please note, this will cause your return to take longer to process.  Per the IRS, 11 weeks for an e-filed return and 14 weeks for a mailed return. (estimated)

[Edited: 01.15.2017 | 8:38 AM]

[thar01]

Do you think I get most of it back since the 2 dependents are mine?

[xmasbaby0]

When you file a joint return you are both claiming the dependents.

[DianeW]

@thar01 See the additional notes and the screenshots for help.

[Alanasdaddy]

We are in arizona and filed for married filing jointly , i have past due child support before i was married and we have 2 children cliamed on our taxes we filed injured spouse form , i made over 40k and wife made about 5k will she still get at least half of the dependents pay on our return 

[LLHardin]

I filed joint and found out my husband had 23k in owed social security before we met. He's a disabled vet so no income to claim, it was all mine. We have 2 children, one from previous marriage and the other ours. They took my whole return even though it was just my income reported. I am also in Arizona and am filing an Injured Spouse Allocation. 🤞🏻

[CatinaT1]

Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt.

You must file jointly to use this form. Filing an 8379 will delay your federal refund by up to 14 weeks.

To file this form in TurboTax:

1. Open or continue your return.
2. In the search box, enter injured spouse and then select the Jump to link in the search results.
3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.

Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is different. Leave those questions blank if you only want to claim injured spouse relief.

This article will guide you through the process.