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Do I have to claim my husband on my taxes if he did't work this year or can I only claim myself and my children?

Denison, TX |

my husband owes the attorney genaral for child support so they garnish my income tax too.He did not work at all this year so how do I have to file to prevent this from happening this year?

Attorney Answers 3


Married filing seperately is possible, but you lose out on so many things such as the ability to itemize, the Earned Income Credit and other things. Overall, it is never a good thing.

In the long run, you will need to file for Injured Spouse. This will allow you to receive your portion of the refund every year. Not Innocent Spouse relief as this is related to liabilities stemming from a joint return, but Injured Spouse relief.

As for this year, you have a few options. You can file seperately and get some refund rather quickly. You can also file jointly, and request Injured Spouse relief in which case you will likely eventually get your portion of the joint refund back. Note that it will not be half of the refund. It will apportioned based on the % each spouse would pay of the total if they filed seperately.

Christopher Larson
Insight Law

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Attorney Larson's through analysis is excellent. I agree completely.

I hope this helps.
Steven A. Leahy

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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As a married couple you can file as married filing separately or married filing jointly. To separate yourself from his issues you would need to file as married filing separately. This may cost you deductions and credits, but would prevent your refund from being levied. If you file jointly you will have to claim injured spouse to separate your refund from his. This would allow you to capture the deductions and credits, not to mention better tax rates that are available to you as a married couple.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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