QUESTION
Can I file an injured spouse with no income? How?
Asked on Jun 11th, 2015 on Taxation - Oregon
More details to this question:
My husband owes back spousal support to his ex-wife. The amount exceeds our expected tax return. I did not have any income for the year of 2012. We also had a baby in early 2012 (February). We are getting a credit on the tax return for our baby and also for my tuition interest on my student loans. When filing our taxes, is there any way to file an injured spouse form so they will give me my tuition credit and part of the child credit or does his ex-wife get our baby's credit and my student loan credits?
2 ANSWERS
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Ronald K. Nims
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You can file Form 8379. This will split your refund from your husband's refund and only your husband's can be held to pay his child support debt.
Answered on Jun 15th, 2015 at 3:23 AM
It is very difficult to remote process your tax return without all of the information. But a few general observations can be made. The ex-wife does not get to use your child exemption or your tuition credits. Those are personal to you and stay on your return. I expect that either you or your husband have some other sources of income. That fact will determine how much tax you owe. If not, you do not owe any taxes and preparing the return will be fairly simple.
Answered on Jun 11th, 2015 at 2:20 PM