Anyone file injured spouse for taxes?
When SS graduated (who lived with DH) CS was never re-evaluated. This was for 16 months. It finally got re-evaluated and DH owes BM (long story). So he is in arrears.
We plan on filing married, but injured spouse for me. I do not want to file married but seperate because my understanding is that I will lose any credits I would get for credits for student loans and daycare (for my BS8).
Has anyone ever filed this way?
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Injured Spouse is to protect
Injured Spouse is to protect the innocent spouse from his/her spouse's debts. If you file a joint return with your DH and are not responsible for your DH's debt, you can request your portion of the tax refund by filing the IRS form for Injured Spouse Allocation.
From what I could gather from the IRS website, it looks like you file for injured spouse relief after you've filed your taxes and discover that the debt has been taken from the tax return.
OP, you are right that if you file married but separately, you can not claim tax deductions for tuition, student loan interest, education credits, the EIC (earned income credit) and child and dependent care credits.
Hopefully whomever does your taxes can help you with this.
Yes I did and it didn't
Yes I did and it didn't matter. Though this wasn't about arrears, but about taxes owed when he cashed out a 401K to pay for a custody battle.
This happened years before I met DH and it had nothing to do with me. However they still ran off with our entire refund.
Sigh......why didn't I run?
I will have to def. check
I will have to def. check with the tax person. Normally I do my taxes myself but this year I will seek out a professional.
My DH did it for my student
My DH did it for my student loans which got into default. They sent back the whole refund - i was shocked.
I don't know about CS though. They have a lot more options. CS did put a lien on my home - i owned before i ever met DH - still in my maiden name alone. No letter no notification, no nothing, for arrears there was an agreement to pay on by court order ( an extra $10.00 to cover file to court changes). I found out when we went to refinance. We paid it as it was only like $80.00 but I couldn't believe it.
Yes. It takes longer but you
Yes. It takes longer but you get back the portion of the return that they deem is from your income and deductions. I filed and submitted Injured Spouse right when we filed our taxes, if DH was in arrears.