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Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 2863
Experience:  18+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.
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My husband and I were married in Sept of 2015, if I file

Customer Question

My husband and I were married in Sept of 2015, if I file married filing separately, can child support take my refund from me if my spouse owes back child support? When I have been the one providing most of all the financial support for my 4 daughters?
Submitted: 10 months ago.
Category: Tax
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barbara replied 10 months ago.

Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

If you file as married filing separately, you will receive the refund that is due to you and the fact that your spouse owes back child support will not affect your refund. However, please know that if you file married filing separate, the following limitations will apply:

  1. If your spouse itemizes deductions, you cannot claim the standard deduction. In order to claim deductions, you will have to itemize as well.
  2. If you can claim the standard deduction, your standard deduction amount will be half of what it would be on a joint return.
  3. You will generally have a higher tax rate than you would have on a joint return.
  4. Your Alternative Minimum Tax exemption amount will be half of what you would get on a joint return.
  5. In most cases, you cannot claim the Credit for Child and Dependent Care Expenses, and the amount that you can exclude from income under an employer's dependent care assistance program is limited to half that of a joint return filer. (If you are legally separated or living apart from your spouse, then you may still be able to file separately and claim the credit.)
  6. You cannot claim the Earned Income Credit.
  7. In most cases, you cannot claim the Adoption Tax Credit, nor can you exclude employer-provided adoption benefits from your income.
  8. You cannot claim any education tax credits (the American Opportunity Credit and Lifetime Learning Credit).
  9. You cannot take the student tax deduction for student loan interest.
  10. You cannot exclude any interest income from U.S. savings bonds that you used for education expenses.
  11. If you lived with your spouse at any time during the year, you cannot claim the Credit for the Elderly or the Disabled.
  12. If you lived with your spouse at any time during the year, you have to include in your taxable income a larger amount (up to 85%) of any Social Security benefits or equivalent railroad retirement benefits you received.
  13. Your Child Tax Credit will be limited to half the amount that it would be on a joint return.
  14. Your Saver's Credit will be limited to half the amount that it would be on a joint return.
  15. Your capital loss deduction limit will be half the amount that it would be on a joint return.
  16. If you lived with your spouse at any time during the year, and you or your spouse were covered by an employer-sponsored retirement plan, you may not be able to deduct some or all of your contributions to a traditional IRA if your income is over a certain amount. This amount is much lower than it would be for a joint return.
  17. If you lived with your spouse at any time during the year, you cannot deduct a loss from passive rental real estate activity. If you did not live together, you can claim this deduction, but the amount will be limited.

However, you can file married filing jointly with your spouse and include Form 8379 (Injured Spouse Allocation) with your tax return so you will receive the benefits of filing married filing jointly and ONLY your spouse's portion of the refund will be withheld for the back child support. You will receive the refund that is due you and not lose any of the credits listed above, particularly those that apply to dependents.

https://www.irs.gov/uac/Form-8379,--Injured-Spouse-Allocation

I will be happy to discuss this with you by phone and have made you an offer for a phone call.

Thank you and best regards,

Barb

Expert:  Barbara replied 10 months ago.

Just following up with you to see if you have any other questions or concerns. If so, please come back to me here, and I will be happy to assist you.

Best regards,

Barb

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