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Experience:  40+ years experience in taxes and financial planning
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A person owes back student loans, didnt work this year, has

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A person owes back student loans, didn't work this year, has 2 children and will be married before the end of the year. Is her new husband's tax refund responsible for paying her loans? She will resume working in 2013 since she just had a baby. If he doesn't claim her, can her claim the two children along with his two children?

Welcome to Just Answer. I am here to help you resolve your tax and finance concerns. Please feel free to ask anytime you need extra help.

First, if the couple files a joint tax return the refund (up to all of it) can be taken to help reduce the student loan obligation. The only way around this is to file married separate. However, then your husband will not be able to claim you.

Second, as to the claiming of the children.If they are dependents of either of the two of you they can be claimed by either of you so long as you (together) are married by the end of the year and provided more than 1/2 their support. If a former spouse is claiming them, then you cannot.

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Customer: replied 5 years ago.
IF the husband files the 1040 form and doesn't claim his wife under married filing separately, what if she doesn't have to file anything since she hasn't worked at all during 2011? Can he still file the long form?
Yes, he can still file the long form 1040. The key here when a couple files separate returns (even if one does not have a requirement to file and therefore does not file) is that if one spouse itemizes deductions the other must do the same. Or, they can both use the standard deduction. They are not permitted to do a mix and match on this.

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