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dawgie13
New Member

Filing Married Separately or Married Joint? Child Support Issues

Hello, 

 

I got married in 2024. I make significant more money a year than my husband. I was planning on filing married but separately because my husband has child support back pay. I have a student loan and pay a significant amount of taxes on that per year and look forward to all my deductions I get back from it. However I came across the issue of trying to file married separately and it won't let me deduct my student loan. I plan to deduct also my mortgage, property tax, vehicle tax, HSA, I don't want to lose these deductions but I also don't want my return being taken away from me if I file jointly. Before we go see a CPA I would love some advice on what to do. 

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4 Replies

Filing Married Separately or Married Joint? Child Support Issues

One possibility is to file a joint return with an injured spouse form to protect your part of the refund.   But if you are in a community property state it gets very complicated.

 

If you file MFS, you lose education credits.  And you both have to file the same way----both file using standard deduction or both must use itemized deductions---even if one spouse has nothing to itemize and just ends up with no deduction at all.

 

 

If you were legally married at the end of 2024 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 $29,200 (+ $1550 for each spouse 65 or older)  for 2024. 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...

 

INJURED SPOUSE

https://ttlc.intuit.com/turbotax-support/en-us/help-article/spouse-partner/file-form-8379-injured-sp...

 

**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.**
MinhT1
Employee Tax Expert

Filing Married Separately or Married Joint? Child Support Issues

In almost all situations, it is more beneficial to file Married Filing Jointly than Married Filing Separately.

 

Please read this TurboTax Help topic for more information.

 

In your case, you can consider filing jointly and filing form 8379 - Injured Spouse to protect your share of the tax refund.

 

 

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dawgie13
New Member

Filing Married Separately or Married Joint? Child Support Issues

Got it thank you I live in Alabama so I believe it may work. Do I need to file it with my return or after?

Filing Married Separately or Married Joint? Child Support Issues

Either way.    Understand that "injured spouse" will cause a delay in receiving your refund.

**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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