ok so me and my huband have two kids, I worked this year and so has he,he owes 6000 back support, but he dose pay on time every month, If we file seperately can his ex get the money that I get back? I dont want both my kids money to go to her. and Im guessing this will happen if we file together. so If we file seperately will this happen or we she only get his? bacuse I would like to claim the kids, and just let me do his own so that we do not lose money. can It work out like this?
You can file separately and they'll only take his refund and not yours, or you can file a joint return and file an injured spouse form with it so they take just his, not yours.
This depends on your state though. If you live in a community property state, the answer is different - depending on your state they might take half of the total or might take it all, whether you file joint or separately.
I think you have it--
if you file separately and liability on his SS# will affect his taxes, refund or payment
and yours will be all yours
and of course, you can claim both children or split them, and of course, you also have to file the same way, either standard deduction or itemized deductions and this may be where the party ends--this could be a downfall for you, as well as the possibility of EIC which you cannot get as married, separately
Is he in arrears in his child support payments? IF not then IRS will not offset the refund, but if you are worried about the refund then he must be in arrears, and that is why you are concerned amount the refund being offset. You can always file joint and file and injured spouse form 8379 to be able to claim your part of your refund.
Good luck!
You can file the injured spouse form with your return so that you get your refund (and you can designate the kiddos as your dependents) and she gets his.
If you file separately, you may lose out on various tax credits.
Helen, EA in PA
If you do not normally qualify for either EIC or an education credit, sure, you can file MFS.
If you are used to getting EIC or an education credit--you'd have to file MFJ to get it.
You could just let them take it and get the debt paid down. You can let this hound you for years and years or let the IRS take your refund for a couple of years and make it go away.
i would imagine that she cannot take any money that you get back even if you do claim the children, i think they can only take it from HIS check. you might want to look into it thought.