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Should I file income tax with husband just to get EIC that's due to me not having income? What happens if kids are unclaimed?

Milton, FL |

My husband wants to file jointly to get EIC. I currently have a case with child support pending but he wants to set up a payment plan. In the past he has never paid anything, so I really don't trust his word. I know if I go through with the child support, he will get extremely angry because he will not have any money. I'm very confused and trying to make the right decision. Husband claims to 'split' income tax down the middle. I thought about getting him to sign a statement but like I said, I don't trust his word.

Attorney Answers 3


  1. You would need to make this decision. You know him. If you file jointly and there is something wrong with the return or money is owed, you will be jointly liable. So be aware.

    This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney


  2. If you really dont trust him, let him file and after you get the child suport straightened out go back and file an amended retun. You can file separately and later file jointly, buy not the other way around. At a minimum, whenever you decide to file, the tax form gives you the option to place the return into 2 separate bank accounts. Make sure you do this so you dont have to get the money from him.

    The above is meant to be instructional and does not create an attorney client relationship. Please call for a free consultation if you would like to discuss the matter.


  3. If you are willing to accept joint and several (separate) liability then file jointly. Also, if you don't trust him file with your SSN first (at the top) and you put the return in the mail and you designate the bank account where the refund goes. You need to take charge of the filing and look at yourself as a manager of a bad situation.

    Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.